
niass V-Y,cSZJ^ 



Book JLa 



1%^-/ 



OFVliJZAI^ DONATION. 



ILLINOIS 



SCHOOL LAW. 



1897-1898. 



THE ILLINOIS SCHOOL LAW. 



1889-1897. 



AN ACT TO ESTABLISH AND MAINTAIN A 



SYSTEM OF FREE SCHOOLS 



APPROVED MAY 21, 1889. 



Including Additional Acts EelaUve to Schools and School Officers, irifh an 
Appendix Contaimm) Acts Establishing Stale Normal Schools, and Pro- 
viding for County Normal Schools, and Some FrincipUs of Illinois ■ 
School Law taken from the Tu-entg-first Biennial Hcport of I he 
Department of Public Instruction, u-ith such Changes 
and Additions as are Made Necessary by liecent 
Decisions of the Supreme Court, and by 
School Legislation of the Forlieth 
General Assemblg. 



>, »>> ,. 



SPRINGFIELD. ILL.: 
Phillips Bros., State Printers. 

1897. 



>^ 



;iL TABLE OF CONTENTS. 

'-ii 



EXTRACTS FROM THE CONSTITUTION . . .^/^^^^i 

ACT OF 1889. 

Article I. State Superintendent of Public Instruction ;{ 

Article II. County Superintendents 7 

Ai'ticle III, Township Trustees of Schools " 14 

Article IV. Township Treasurer 31 

Article V, Board of Directors " 39 

Article Vr, Board of Education 17 

Article Vn. Teachers 55 

Article VIII. Revenue— Taxation ci 

Article IX, Bonds gj 

Article X. County Clerk c^ 

Article XI. County Board ec 

Article XII. School Funds '.'.'.['.'.'.'.'.'.[ ^- 70 

Article XIII, School Lands 7'^ 

Article XIV, Pinch and Forfeitures 79 

Article XV. Liability of School Oilicers 81 



Article XVI, Miscellaneous 



85 



'""^SCHO^^L OFfTCERS^^^^^'^^^''^^^ ^'^^ ^^^"^ PUBLIC SCHOOLS AND TO 

Members of the Board of Education Appoint ed S9 

Study of Physiolog'y and Hyyiene 90 

Compensation of Judjces and Clerks of Election in certain cases 91 

Election of Boards of Education in certain cases gv 

No child under U years of aire to he hired without certificate from School' Board.' '.'.'." 93 

Wometi may vote at School Elections 94 

Directors allowed to assume indebtedness created fur tlieir districts 05 

Compulsory Attendance 95 

Inspectors elected umler certain special acts ......'....'..'.'. 97 

Election of Boards of Education in certain cases qk 

Kindergarten 99 

Pension and Retirement Fund in certain cities lob 

U. S. Flag's ifiv-in'? 

Classes for Deaf Children 103 

Establishment of Manual Training: Department for High School's. .'.'.'.'.".'.'.'■'■■.■■.■ ■■'.■.■,■ 105 

APPENDIX. 

Act Establishing- Illinois State Normal University, Normal. . 106 

Act Establishing Southern Normal University. Carboudale. . . . 109 

-Vet Establishing Eastern Normal School, Charleston 119 

Act Establishing Northern x\ormal School, DeKalb ... 116 

Act for the Establishment of County Normal Schools 119 

^tate Scholarships in Illinois University 101 

Some Principles of the Illinois School Law m 

Index.... '■■'■■::::::::'::::::::::::::::::::::::::m 



EXTRACTS FROM THE CONSTITUTION OF ILLINOIS. 



Article V. 



Section 1. The executive department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, Auditor of Public Ac- 
counts, Treasurer, Superintendent of Public Instruction and Attor- 
ney General, who shall each with the exception of the Treasurer 
hold his office for the term of four years, from the second Monday 
of January next after his election and until his successor is elected 
and qualilied. They shall, except the Lieutenant Governor, reside 
at the seat of government during their term of office, and keep the 
public records, books and papers there, and shall perform such duties 
as may be prescribed by law. 



Aeticle VIII. 

EDUCATION. 

Section 1. The General Assembly shall provide a thorough and 
efficient system of free schools, whereby all children of this State 
may receive a good common school education. - 

§ 2. All lands, moneys, or other property, donated, granted or 
received for school, college, seminary or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for wdiich 
such gifts or grants were made. 

§ 3. Neither the General Assembly nor any county, city, town,, 
township, school district, or other iDublic corporation, shall ever 
make any appropriation or pay from any public fund whatever, 
anything in aid of any church or sectarian purpose, or to help sup- 
port or sustain any school, academy, seminary, college, university, 
or other literary or scientific institution, controlled by any church or 
sectarian denomination whatever; nor shall any grant or donation 
of land, money or other personal property ever be made by the State or 
any such public corporation, to any church, or for any sectarian 
purpose. 



§ 4. No teacher, State, county, township, or district school officer 
shall be interested in the sale, proceeds or profits of any book, 
apparatus or furniture used, or to be used, in any school in this 
State, with which such officer or teacher may be connected, under 
such penalties as may be provided by the General Assembly. 

§ 5. There may be a county superintendent of schools in each 
county, whose qualifications, iDowers, duties, compensation and time 
and manner of election, and term of office, shall be prescribed by 
law. 



AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF 

FREE SCHOOLS. 



Aeticle I. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
■g 1. Time of election and term of office. § 4, Duties defined. 

i 2. Oath and bond. § 5. Powers defined. 

§ 3. Salary and office expenses. § 6. Liabilities. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That at the election to be 
held on Tuesday after the first Monday of November, in the year of 
our Lord one thousand eight hundred and ninety, and quadrennially 
thereafter, there shall be elected by the legal voters of this State, a 
State Superintendent of Public Instruction, who shall hold his office 
for four years from the second Monday in January next after his 
election, and until his successor is duly elected and qualified. 

§ 2. Before entering upon his duties, he shall take and subscribe 
the oath of office prescribed by the Constitution, and shall also 
execute a bond, in the penalty of twenty-five thousand dollars ($25,- 
000), payable to the People of the State of Illinois, with securities 
to be approved by the Governor, conditioned for the prompt dis- 
charge of his duties as Superintendent of Public Instruction, and 
for the faithful application and disposition, according to law, of all 
school moneys that may come into his hands by virtue of his office. 
Said bond and oath shall be deposited with the Secretary of State, 
and an action may be maintained thereon by the State at any time 
for a breach of the conditions thereof. 

§ 3. And the said State Superintendent shall receive, annually, 
such sum as may be provided by law, as a salary for the services 
required under the provisions of this act, or any other law that may 
be passed, and also all necessary contingent expenses for books, 
postage and stationery pertaining to his office, to be audited and 
IDaid by the State as the salaries and contingent expenses of other 
officers are paid. 

§ 4. It shall be the duty of the said State Superintendent of 
Public Instruction — 

First— To keer) an office at the seat of government of the State. 

Second — To file all i:)apers, re^Dorts and public documents trans- 
mitted to him by the school officers of the several counties, each year 
•separately. 



Third — To keep and preserve all other public doeuments, books 
and papers relative to schools, coming into his hands as State Su- 
perintendent, and to hold the same in readiness to be exhibited to 
the Governor, or to any committee of either house oi: the General 
Assembly. 

Fourth — To keep a fair record of all matters pertaining to the 
business of his office. 

Fifth — To pay over, without delay, all sums of money which maj^ 
come into his hands by virtue of his office, to the officer or person 
entitled to receive the same, in such manner as may be prescribed 
by law. 

Sixth — To counsel and advise in such manner as he may deem 
most advisable, with experienced and practical school teachers, as to 
the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in the- 
State. 

Eighth — To be the general adviser and assistant of county super- 
intendents of schools in this State. 

Ninth — To address circular letters to county superintendents, from 
time to time, as he shall deem for the interests of schools, giving 
advice as to the iDest manner of conducting schools, constructing^ 
school houses, furnishing the same, examining and procuring com- 
petent teachers. 

Tenth — To, on or before the 1st day of November preceding each 
regular session of the General Assembly, report to the Governor the 
condition of the schools in the several counties of the State; the- 
whole number of schools which have been taught in each county in 
each of the preceding years, commencing on the 1st of July; what 
part of said number have been taught by males exclusively, and 
what part by females exclusively; what part of said whole number 
have been taught by males and females at the same time, and what 
part by males and females at different periods; the number of 
scholars in attendance at said schools; the number of persons in 
each county under twenty-one years of age, and the number of such 
persons between the ages of twelve and twenty-one years that are 
unable to read and write: the amount of township and county funds: 
the amount of the interest of the State or common school fund, and. 
of the interests of the township and county fund annually paid out;: 
the amount raised by an ad valorem tax; the whole amount annually 
expended for schools; the number of school houses, their kind and 
condition; the number of townships and parts of townships in each 
county; the number and description of books and apparatus pur- 
chased for the use of schools and school libraries under the i^rovis- 
ions of this act, the price paid for the same, the total amount 
purchased, and what quantity and how distributed, the number and 
condition of the libraries, together with such other information and 
suggestions as he may deem important in relation to the school laws, 
schools and the means of promoting education throughout the State; 
which report shall be laid before the General Assembly at eack 
regular session. 



Eleventh — To make such rules and regulations as may be neces- 
sary and expedient to carry into efficient and uniform effect the 
XDrovisions of this act, and of all the laws which now are or may 
hereafter be in force for establishing and maintaining free schools 
in this State. 

Twelfth — To be the legal adviser of all school officers, and, when 
requested by any such school officers, to give his opinion in writing 
upon any question arising under the school laws of this State. 

Thirteenth — To hear and determine all controversies arising under 
the school laws of this State, coming to him by apx3eal from a county 
superintendent, upon a written statement of facts certified by the 
county superintendent. 

FourteentJi — To receive and file all proper reports made to him 
from time to time by the several county superintendents of this State 
as required by article II of this act. 

Fifteenth — To grant State certificates to such teachers as may be 
found worthy to receive them, as provided for in section 2 of article 
VII of this act. 

Sixteenth — To be ex officio a member of the board of trustees 
of the University of Illinois and of the Southern Normal University. 

Seventeenth — To be ex officio a member of the Board of Education 
of the State of Illinois, and to act as secretary thereof. 

Eighteenth — To report to the General Assembly of Illinois, at its 
regular session, the condition and expenditures of the Normal Uni- 
versity, and such other information as may be directed by the Board 
of Education of the State of Illinois or by the General Assembly of 
this State. 

Nineteenth — To visit such of the charitable institutions of this 
State as are educational in their character, and to examine their 
facilities for instruction, and to prescribe forms for such reports as 
he may desire from the superintendents of such charitable institu- 
tions. 

§ 5. The said State Superintendent of Public Instruction shall 
be clothed with the following powers — 

First — To direct aiid cause the county superintendent of any 
county, directors or boards of trustees or township treasurer of any 
township, or other school officer, to withhold from any officer, town- 
ship, district or teacher, any part of the common school, or township, 
or other school fund, until such officer, township treasurer or teacher 
shall have made all schedules, reports and returns required of him 
by this act, and until such officers shall have executed and filed all 
official bonds and accounted for all common school or township or 
other school funds which have heretofore come into his hands, as 
required of him by this act. 

Second — To require the several county superintendents of this 
State to furnish him with such information relating to their several 
offices as he may desire to embody in his report to the General As- 
-sembly of this State. 



6 

Third — To require the board of trustees of each township in this 
State to make, at any time he may desire, a report similar to the 
report required to be made by such trustees on or before the fifteenth 
day of July preceding each regular session of the General Assembly 
of this State, as provided for in section 28 of article III of this act. 

Fourth — Upon the recommendation of the county superintendent, 
or for good and sufficient reasons, to remit the forfeiture of the 
school fund by any township which may have failed to make the 
reports required by law. 

Fifth—To determine and designate the particular statistics relat- 
ing to schools which the inferior officers shall report to the county 
superintendent for the use of his office. 

Sixth — To authorize the several county superintendents to procure 
such assistance as may be necessar}^ to conduct county teachers" in- 
stitutes for not less than five days in each year. 

Seventh — To require annual reports from the authorities of in- 
coriDorated towns, townships, cities or districts holding schools by 
authority of special charters to the same extent as regular school 
officers are or may be required to make such reports. 

Eighth — To require the president, principal or other proper officer 
of every organized university, college, seminary, academy or other 
literary institution, whether incorporated or unincorporated, or 
hereafter to be incorporated in this State, to make out such report 
as he may require in order that he may lay before the General As- 
sembly a fair and full exhibit of the affairs and conditions of such 
institutions and of the educational resources of the State. 

Xinth — To require the Auditor of Public Accounts to withhold 
from the county superintendent of any county the amount due any 
such county for its share of the interest on State school fund, or said 
county superintendent for his per diem compensation, until the 
report provided for in section 17 of article II of this act shall havr> 
been furnished as therein required. 

g 6. The said State Superintendent of Public Instruction shall 
not be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used, or to be used, in any school in this State, 
and for offending against the provisions of this section he shall be 
liable to indictment, and upon conviction shall be fined in a sum not 
less than twenty-five nor more than five hundred dollars, and may 
be imprisoned in the county jail not less than one month nor more- 
than twelve months, at the discretion of the court. 



Article II. 



I 3. 



\ 6. 

'i 'i- 

^< 8. 

\ 9. 

I 10. 

\ 11. 

? 12. 



COUNTY 

Time of election and term of office. 

Oath and bond. 

Form of bond. 

Obligors bound jointly and severally 

Supervisors may require a new bond 

Office and supplies. 

Liable to removal. (Repeal.) 

Vacancies. 

Time limited. 

Assistants. 

Commissions and per diem. 



SUPERINTENDENTS. 



Itemized bills and warrant> 
ditor. 



from Au- 



§ 14. Powers defined. 

I 15. Record of land sales, 

§ 16. Report to county board, 

g 17. Report to State Superintendent. 

I 18. Collecting statistics, and suit against 
trustees as individuals. 

§ 19. Approval of township treasurer's 
bond, and delivery of written state- 
ment to the township treasurer. 

I 20. Apportionment of funds to townships. 
? 21. Loaning of county fund. 
§ 22. Appeal to the State Superintendent. 
I 23. Delivery of money, books, papers, etc. , 
to successor in office. 



'i 13. Duties defined. 

Section 1. (3n Tuesday next after the first Monday in November, 
A. D., 1890, and quadrennially thereafter, there shall be elected by 
the qualified voters of every county in this State, a county superin- 
tendent of schools, who shall perform the duties required by law, and 
shall enter upon the discharge of his duties on the first Monday of 
December after his election. 

§ 2. He shall, before entering upon his duties, take the oath pre- 
scribed bv the Constitution, and execute a bond payable to the 
People of'' the State of Illinois, with two or more responsible free- 
holders as security, to be approved by the county board or by the 
judge and clerk of the county court, in a penalty of not less than 
twelve thousand dollars ($12,000) , to be increased at the discretion 
of the said county board, conditioned that he will faithfully perform 
all the duties of his office according to the laws which are or may be 
in force during his term of office. 

;< 3. The bond required in the foregoing section shall be in the 
following form, viz.: 

State of Illinois, ) ^^^^ 

Comity. J ' * 

Know all men by these presents, that we, A B, C I> 
and E F, are held and firmly bound, jointly and severally, mito the People 

of the State of lUinois, in ttie penal sum of dollars, to 

the payment of which we bind ourselves, our heirs, executors and admm- 
istrators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 
day of A. D. 18.... 



8 

The condition of the above obligration is such, that if the above boimden 
A B, County Superintendent of the county aforesaid, shall faithfully dis- 
charge all the duties of such office, according to the laws which now are and 
may hereafter be in force, and shall deliver over to his successor in office ail 
moneys, books, papers and property in his hands, as such County Superin- 
tendent, then this obligation to be void, otherwise to remain in full force and 
virtue. 

A B [Seal.] 
C D [Seal.] 
E F [Seal.] 

And which bond shall be filed in the office of the County Clerk. 

§ 4. The obligors in such bond shall be bound jointly and severally, 
and upon it an action or actions may be maintained by the board of 
trustees of the i^roper township, or any other corporate body in- 
terested, for the benefit of anj^ township or fund injured by any 
breach of the conditions thereof. 

§ 5. If a majority of the county board shall be satisfied, at any 
time, that the bond of said County Superintendent is insufficient, it 
shall be the duty of such superintendent, upon notice being given to 
him by the clerk of such board, to execute a ne\v bond, conditioned 
and approved as the first bond: Provided, that the execution of 
such new bond shall not affect the old bond or the liability of the 
securities thereon. 

§ 6. It shall be the duty of the county board of the county to 
provide the said county superintendent with a suitable office, with 
necessary furniture and office supplies, as is done in the case of other 
county officers. 

§ 7. The said county superintendent shall be liable to removal 
by the county board for any palpable violation of law or omission of 
duty. [Repealed by act approved June 15, 1893. 

§ 8. When the office of county superintendent shall become 
vacant by death, resignation, the removal of the incumbent by the 
county board, or otherwise, the county board shall fill the vacancy 
by appointment, and the person so appointed shall hold his office 
until the next election of county officers, at which election the county 
board shall order the election of a successor. 

§ 9. In counties having not more than one hundred (100) schools, 
the count}' board maj^ limit the time of the superintendent: Pro- 
vided, that in counties not having more than fifty (50) schools, the 
limit of time shall not be made less than one hundred and fifty (150) 
days a year; in counties having from fifty-one (51) to seventy-five 
(75) schools, not less than two hundred (2(30) days a year: and in 
counties having from seventy-six (7(1) to one hundred (100) schools, 
not less than two hundred and fifty (250) days a year. 

§ 10. The count}' superintendent may, with the approval of the 
county board, employ such assistant or assistants as he needs for the 
full discharge of his duties. Such assistants shall be persons of good 
attainments, versed in the princijjles and methods of education, 
familiar with public school work, and competent to visit schools. 
Such assistants shall receive such compensation as may be fixed by 
the coanty board. 



§ 11. County superintendents shall receive in full, for all services 
rendered by them, commissions as follows: Three per cent, commis- 
sion upon the amount of sales of school lands, or sales of land upon 
mortgage, or of sales of real estate taken for debt, including all 
services therewith. Two per cent, commission upon all sums dis- 
tributed, paid or loaned out by them for the support of schools. For 
all other duties required by law to be performed by them, four dol- 
lars ($4) a day for such number of days as shall be spent in the 
•actual performance of their duties, not exceeding the number fixed 
by the county boards in counties in which the boards are given 
power to fix the number of days by section 9 of this article of this 
act, and one dollar ($1) a day for expenses for the number of days 
actually spent in school visitation. 

§ 12. The county superintendents shall present, under oath or 
affirmation, their itemized bills for their per diem compensation and 
for the expenses allowed by this article of this act, w^hen visiting- 
schools, together with a report of all their acts as such county super- 
intendent, or assistant, including a list of all the schools visited, 
with the dates of visitation, to the county board, at the annual meet- 
ing of such county board in September, and as near quarterly there- 
after as such board may have regular or special meetings, and after 
the bills have been audited by the county board, the county clerk 
shall certify to such auditing upon the bills, and transmit them to 
the Auditor of Public Accounts, w^ho shall, upon receipt of them, re- 
mit in payment thereof to each superintendent his warrant upon the 
State Treasurer for the amount certified to be due him. The said 
Auditor, in making his w^arrant to any county for the amount due it 
from the State school fund, shall deduct from it the several amounts 
for which warrants have been issued to the county superintendent of 
said county since the next preceding aj)portionment of the State 
school fund. 

§ 18. It shall be the duty of each county superintendent of schools 
in this State — 

First — To sell township fund lands, issue certificates of purchase, 
report to the county board and State Auditor, and perform all other 
duties pertaining thereto, as required by article XIII of this act. 

Second — To register applicants for admission to the State Normal 
Universities and to the University of Illinois, and to assist in the ex- 
amination of the same as directed by the State Board of Education 
or other proper authorities. 

Third — To visit each school in the county at least once a year, and 
in the performance of this duty, he shall spend at least half the time 
given to his office, and more, if practicable, in visiting ungraded 
schools. 

Fourth — To note, when visiting schools, the methods of instruc- 
tion, the branches taught, the text-books used, and the discipline, 
government and general condition of the schools. 

Fifth— To give to teachers and school officers such directions in 
the science, art and methods of teaching and courses of study as he 
may deem expedient and necessary. 



10 

SixfJi — To act as the official adviser and constant assistant of the 
school officers and teachers of his county; and, in the performance of 
this duty, he shall faithfully carry out the advice and instruction of 
the State Superintendent of Public Instruction. 

Seventh — To conduct, as provided for in section 10 of article VII 
of this act, a teachers' institute, and to aid and encourage the forma- 
tion of other teachers' meetings, and to assist in their management. 

Eighth — To labor in every practicable wa}^ to elevate the standard 
of teaching, and improve the condition of the common schools of his 
county. 

Ninth — To examine, at least once each year, all books, accounts 
and vouchers of every township treasurer in his county, and if he 
finds any irregularities in them, he shall at once report the same in 
writing to the board of trustees, whose duty it shall be to take, im- 
mediately, such action as the case demands. 

Teyith — To examine all notes, lionds, mortgages, and other evi- 
dences of indebtedness which the township treasurer holds officially, 
and if he finds that if the papers are not in proper form, or that the 
securities are insufficient, he shall so state in writing to the board of 
trustees. 

Eleventh — To give notice of the election of trustees in cases such 
as those iDrovided for in section 15 of article III of this act. 

Tivelfth — To file and safely keep the poll books and returns of any 
election required to be returned to the county superintendent by au}^ 
]3rovision of this act. 

Thirteenth — To investigate and determine all matters pertaining 
to the change in the boundaries of school districts, which may come 
to him by appeal from the decision of the school trustees, and to 
notify the township treasurer, from whom the papers relating to the 
matter were received, of his decision of the matter. 

Fourteenth — To give notice of the election of school directors in 
cases such as are provided for in section 9 of article V of this act. 

Fifteenth — To hold meetings, at least quarterly, for the examina- 
tion of teachers, as x3rovided for in section 7 of article VII of this 
act. 

Sixteenth — To grant certificates of qualification to such persons as 
may be qualified to receive them, as provided for in section i^ of 
article VII of this act; and to keep a record of all teachers to whom 
such certificates have been granted, as provided for by section 4 of 
article VII of this act; and to keep a record of all teachers employed 
in teaching in his county. 

Seventeenth — To keep a just and true account of all moneys re- 
ceived and all moneys paid out on account of the "institute fund,'" 
and make report thereof to the county board, as T:)rovided for in sec- 
tion 9 of article VII of this act. 

Eighteenth — To i^resent to the county board of the county, at the 
first regular meeting thereof, annually, the report required by sec- 
tion \l of artice XI of this act. 



11 

Nineteenth— To notify presidents of boards of trustees and clerks 
of school districts, on or before September 80, annually, of the 
amount of money paid by him to the township treasurer, and the 
date of such payments. 

Twentieth — To receive and file, on or before the 15th day of July 
preceding each regular session of the General Assembly, and at such 
other time as may be required by the State or county superintendent, 
a statement from' the board of trustees of each township, giving such 
statistics and information as may be called for. 

§ 14. The said county superintendent shall have power — 

First—To require the board of trustees of each township in his 
county to make, at any time he may desire, the report provided for 
in section 28 of article III of this act. 

Second— To recommend to the State Superintendent the remission 
of the penalty provided for a failure by the trustees of schools to 
make the reports provided for by law. 

Third — To renew teachers' certificates at their expiration by his 
indorsement thereon 

Fourth — To revoke the certificate of any teacher for immorality, 
incompetency, or other just cause. 

Fifth — To direct in what manner township treasurers shall keep 
their books and accounts. 

SixtJi — To bring suit against the county collector for a failure to 
pay State Auditor's warrant, as provided for in section 5 of article 
XII of this act. 

Seventh — To remove any school director from office for a willful 
failure to perform the duties of his office. 

Eighth—To lease and sell real estate in cases provided for in sec- 
tion 26 of article XIII of this act, in the manner therein specified. 

§ 15. The said county superintendent shall provide three well 
bound books, which shall be paid for from the county treasury. 
These books shall be known and designated by the letters A, B, C 
for the following purposes: In book "A" he shall record at length 
all petitions presented to him for the sale of common school lands, 
and the plats and certificates of valuation made by or under the 
direction of the trustees of schools, and the affidavits in relation to 
the same. In book "B" he shall keep an account of all sales of com- 
mon school lands, wdiich account shall contain the date of sale, name 
of purchaser, description of land sold and the sum sold for. In book. 
"C" he shall keep a regular account of all moneys received for lands 
sold or otherwise, and loaned or paid out; the persons from whom re- 
ceived, and on what account, and showing whether it is principal or 
interest; the person to whom loaned, the time for which the loan w^as 
made, the rate of interest, the names of the sureties, when personal 
security is taken, or if real estate is taken as security, a description 
of the real estate; and if paid out, to whom, when, and on what ac- 
count, and the amount paid out; the list of sales and the account of 
each township fand to be kept separate. 



12 

§ 16. The count}' superintendent shall report, in writing, to the 
county board, at their regular meeting in September of each year, 
giving first, the balance on hand at the time of the last report and a 
statement in detail of all receipts since that date, and the sources 
from which they were derived: second, the amount paid for expenses; 
third, the amount of his commissions; fourth, the amount distributed 
to each of the township treasurers in his county; fifth, any balance 
on hand. He shall also present for insiDection at the same time his 
books and vouchers for all expenditures, and all notes or other evi- 
dences of indebtedness which he holds officially, with the securities of 
tbe same; and he shall give in writing a statement of the condition 
of the county fund, of the institute fund, and of any townshij) fund 
of which he may have the custody. 

§ 17. On or before the 15th day of August before each regular 
session of the General Assembly of this State, or annually, if so re- 
quired by the State Superintendent of Public Instruction, the county 
superintendent shall communicate to said State Superintendent all 
such information and statistics upon the subject of schools in his said 
county as the said State Superintendent is bound to embody in his 
report to the Governor, and such other information as the State 
Superintendent shall require. 

§ 18. In all cases where the township board of trustees of any 
township shall fail to prepare and forward, or cause to be prepared 
and forwarded to the county superintendent, the information and 
statistics required of them in this act, it shall be the duty of the said 
county superintendent to employ a competent person to take the 
enumeration and furnish such statistical statement, as far as prac- 
tical, to the sui3erintendent; and such person so employed shall have 
free access to the books and papers of said township to enable him 
to make such statement; and the township treasurer, or other officer 
or person in whose custody such books and papers may be, shall 
jjermit such person to examine such books and papers at such times 
and places as such person may desire for the purposes aforesaid; and 
the said county sujierintendent shall allow, and pay to the person so 
employed by him, for the services, such amount as he may judge 
reasonable out of any money which is or may come into said super- 
intendent's hands, apportioned as the share of or belonging to such 
township; and the said county superintendent shall proceed to re- 
cover and collect the amount so allowed or j)aid for such services, in 
a civil action before any justice of the peace in the county, or before 
any court having jurisdiction, in the name of the People of the State 
of Illinois, of and against the trustees of schools of said township, in 
their individual capacity; and in such suit or suits the said county 
superintendent and township treasurer shall be competent witnesses; 
and the money so recovered, when collected, shall be i^aid over to 
the county superintendent for the benefit of said township, to re- 
place the money taken as aforesaid. 

§ 19. Whenever the bond of any township treasurers approved by 
the board of trustees of schools, as required by law. shall be delivered 
to the county superintendent, he shall carefully examine the same, 
and if the instrument is found in all respects to be according to law, 



13 

and the securities good and sufficient, he shall endorse his approval- 
thereon, have it recorded in tiie circuit clerk's office, and file the- 
same with the papers of his office; but, if said bond is in any respect 
defective, or if the penalty is insufficient, he shall return it for cor- 
rection. When the bond shall have been duly received and filed, the 
superintendent shall, on demand, deliver to said township treasurer 
a written statement certifying that his bond has been approved and 
filed, and that said tow^nship treasurer is entitled to the care and 
custody, on demand, of all moneys, bonds, mortgages, notes and se- 
curities, and all books, papers and property of every description, 
belonging to said tow^nship. 

§ 20. Upon the receipt of the amount due upon the Auditor's 
warrant, the county superintendent shall apportion said amount, also 
the interest on the county fund and the fines and forfeitures, to the 
several townships and parts of townships in his county, in which 
townships or parts of townshi^Ds schools have been kept in accord- 
ance with the provisions of this act, and with the instructions of the 
State and county superintendents, according to the number of 
children, under twenty-one years of age, returned to him, and shall 
pay over the distributive share belonging to each township and 
fractional township, to the respective township treasurers, or other 
authorized person, annually: Provided, that no part of the State, 
county or other school fund shall be paid to any township treasurer 
or other person authorized by said treasurer, unless said township 
treasurer has filed his bond, as required by section 1 of article IV of 
this act, nor in case said treasurer is re-appointed by the trustees, 
unless he shall have renewed his bond and filed the same as afore- 
said. 

§ 21. The county superintendent may loan any money, not inter- 
est, belonging to the county fund, or to any township fund, before 
the same is called for, according to law, by the township treasurer, 
at the same rate of interest, upon the same security and for the same 
length of time as is provided by this act in relation to the township 
treasurers, and apportion the interest as provided in the preceding 
section; and notes and mortgages taken in the name of the ''county 
superintendent" of the proper county are hereby declared to be as 
valid as if taken in the name of "trustees of schools" of the proper 
township, and suits may be brought in the name of "county super- 
intendents," on all notes and mortgages heretofore or hereafter made 
jDayable to the county superintendents. 

§ 22. In all controversies arising under the school law% the opinion 
and advice of the county superintendent shall first be sought, whence 
appeal may be taken to the State Superintendent of Public Instruc- 
tion upon a written statement of facts certified by the county super- 
intendent. 

§ 23. The county superintendent, upon his removal or resignation, 
or at the expiration of his term of office (or in case of his death, his 
representatives) shall deliver over to his successor in office, on 
demand, all moneys, books, papers and personal property belonging 
to the office or subject to the control or disposition of the county 
superintendent. 



14 
Article III. 



i 4. 

? 5. 



TOWNSHIP — TRUSTEES OF SCHOOLS 
School township. 

FractioBal townships consolidated. 
School business of the township. 
Trustees a body po'itic. 
Annual election. 
Term of office. 
Age, residence and eligibility. 



I 10. 

§ 11. 

§ 12. 
? 13. 



Notice of election, and form of elec- 
tion notice. 

Election in certain cases to be held 
on any Saturday, and notice to be 
given by county clerk. 

Trustees draw lots for their terms of 
office in certain cases. 

Judges of election. 

Qualification of voters. 

Conduct of elections; contesting elec- 
tions; polls maybe closed at 4 p. m. 

g 14. Judges may postpone election. 

^ 15. County superintendent to order elec- 
tion. 

'\ 16. Vacancies. 

I 17. Tie at "an election. 

i IS. More than one polling place; canvass- 
ing the returns and making out a 
certificate. 

i 19. Election when township is same as 
town. 

l 20. Poll book; failure to deliver the same. 

I 21. County clerks to furnish list of trus- 
tees elected at town meetings. 

l 22. Organization; appointment of presi- 
dent and treasurer. 

§ 23. Term of office of president and treas- 
urer; their removal. 

I 24. Record of proceedings. 

§ 25. Meetings of trustees and quorum. 

g 26. Distribution to districts; basis of the 
same. 

I 27. Funds placed to the credit of districts. 

I 28. Report to county superintendent; 
items; forfeiture for failure to re- 
port. 

g 29. Separate enumeration; statistics not 
divisible. 



I 31. 

g 32. 

I 33. 
I 34. 



Examination of township treasurer's 
books, etc., by trustees. 

Gifts, grants, etc.; title of school 
houses. 

Sale of school house; form of notice 
of sale. 

Conveyance of i-eal estate; how made. 



Township treasurer custodian of 
bonds; power to remove or sue that 
official. 

g 35. Power to purchase real estate in satis- 
faction of judgments. 

I 36. Power to make settlements. 

§ 37. Power to lease land, or sell at public 
auction. 

§ 38. Township high school, and form of 
notice for high school election. 

I 39. Ballots for high school election. 

§ 40. Election for members of township 
board of education; term of office; 
vacancies; organization of the 
board, and establishment of the 
school. 

i 41. Powers of township board of educa- 
tion. 

I 42. Parts of two or more townships may 
join in establishing a high school. 

i 43. Discontinuance of township high 
school. 

I 44. Canvass of ballots, and disposition of 

assets. 
I 45. Interests in school books; penalties. 

g 46. Districts in newly organized town- 
ships. 

i 47. Changes in district boundaries. 

§ 48. Who may petition. 

I 49. Districts having less than 100.000 in- 
habitants, even under special char- 
ter, may vote to change boundaries. 

§ 50. Filing of the petition; notice to the 
districts and form of notice. 

g 51. Territory lying in two or more town- 
ships. 
I 52. Adjournment of the board. 
I 53. Acting upon the petition. 
I 54. Appeal and form of notice. 

I 55. Clerks transmit papers to the county 
superintendent. 



I 56. 


Appeal in case of territory divicled by 


?63. 


Distribution of funds. 




county lines. 


I 61. 


Appraisement of property. 


I 57. 


Filing map and list of taxpayers. 


\ 65. 


Liability of trustees in reference to 


I 58. 


District with a bonded debt. 




distribution of funds. 


I 59. 


Election in new districts, and form of 


\ 66. 


Liability of clerk. 




notice. 


\ 67. 


District failing- to have school for two 


J 60. 


Conduct of election. 




years. 


^ 61. 


Oi'g-anization of board. 


I 68. 


Dissolution of union district. 


'', 62. 


Election in districts organized by ac- 


1 g69. 


Successors to trustees of school lands. 



tion of the county superintendent, i 

Section 1. Each congressional township is hereby established a 
io\Ynship for school purposes. 

§ 2. Whenever any fractional township contains less than two 
hundred (200) persons under twenty-one years of age. the trustees 
thereof, upon petition of a majority of the adult inhabitants of such 
fractional township, may, by written agreement entered into with the 
board of trustees of any adjacent township, consolidate the territory, 
school funds and other property of such fractional township with 
such adjacent township, and thereafter shall cease to exercise the 
functions of school trustees for such fractional township; and such 
territory, school funds and other property, aforesaid, shall thereafter 
be managed by the board of trustees of. such adjacent and consoli- 
dated township, in accordance with the terms of agreement aforesaid, 
in the same manner as is, or may be provided by law, for the man- 
agement of territory, funds and other iDroperty of school townships: 
Provided, that the said written agreement shall be duly signed by a 
majority of the said trustees, and filed for record bythe said trustees 
in the office of the county clerk of the county in which such con- 
solidated township, or the greater part thereof, is situated. [As 
amended June 21. 1895. 

§ 3. The school business of the township shall be done by three 
trustees, to be elected by the legal voters of the tow^nship, as herein- 
after provided for. 

§ 4. Said trustees shall be a body politic and corporate, by the 
name and style of "trustees of schools of township No ... . range 
No. . . .," according to the number. The said corporation shall have 
perpetual existence, shall have powder to sue and be sued, to plead 
and be impleaded in all courts and places where judicial proceedings 
are had. 

§ 5. The election of trustees of schools shall be on the second 
Saturday in A^Dril, annually. 

§ 6. At the first regular election of trustees, after the passage of 
this act, a successor to the trustee, whose term of office then expires, 
shall be elected, and thereafter one trustee shall be elected annually. 
Said trustees shall continue in office three years, and until their suc- 
cessors are elected and enter upon the duties of their office. 

§ 7. No person shall be eligible to the office of trustee of schools 
unless twenty-one years of age, and a resident of the township. And 



16 

where there are three or more school districts in any township, no 
two trustees shall reside, when elected, in the same school district, 
nor shall a person be eligible to the office of trustee of schools and 
school director at the same time. 

§ 8. Notice of the election of school trustee shall be given by the 
township treasurer, upon the order of the trustees of schools, by 
posting notices of such election, at least ten days previous to the 
time of such election, in not less than five of the most public places 
in said township, which notices shall specify the time and place of 
election and the object thereof, and may be in the following form, 
viz.: 

Public notice is hereby g-iven that on Saturday, the day of 

April, A. D , an election will be held at , be- 
tween the hours of and of said day, for the purpose 

of electing- school trustee for township No range No By 

order of the board of trustees of said township. 



Toinisliip Treasurer. 

§ 9. In townships where no election for school trustees has here- 
tofore been held, or in townships where, from any cause, there are 
no trustees of schools, the election of trustees of schools maj^ be 
holden on any Saturday, notice thereof being given as required by 
section 8 of this article. The first election in such township shall be 
ordered by the county clerk of the county, who shall cause notice to 
be given as aforesaid. 

§ 10. In case of an election held, as required by the preceding 
section, the trustees elected, at their first meeting, shall draw lots for 
their respective terms of office for one, two and three years; and 
thereafter one trustee shall be elected annually, at the usual time for 
electing trustees, to fill the vacanc}^ occurring. At all elections after 
said first election, the said notice shall be given by the trustees of 
schools, through the township treasurer, as in other elections for 
trustees. 

§ 11. The trustees of schools of incorporated townships present 
shall act as judges, and choose a person to act as clerk of said elec- 
tion. If the trustees (or any of them) shall fail to attend, or refuse 
to act when present, the legal voters present shall choose from their 
own number such additional judges as may be necessary. In ixwy 
township lying within the limits of a city, village or incorporated 
town, which has adopted the provisions of "An act regulating the 
holding of elections, and declaring the result thereof in cities, vil- 
lages and incorporated towns in this State," approved June 19, 1885, 
the said election shall be held under the provisions of said act. In 
unincorporated townships, the qualified voters present shall choose, 
from amongst themselves, the number of judges required to open 
and conduct said election. 

S 12. No person shall vote at any school election held under the 
provisions of this act, unless he possesses the qualifications of a 
vot(^r at a general election. 



17 

§ IB. The time and manner of opening, conducting and closing 
said election, and the several liabilities appertaining to the judges 
and clerks and to the voters, separately and collectively, and the 
manner of contesting said election, shall be the same as prescribed 
by the general election laws of this State defining the manner of 
electing magistrates and constables, so far as applicable, subject to 
the larovisions of this act: Provided, that said election may com- 
mence, if so specified in the notice, at any hour between the hours- 
of eight (8) o'clock a. m., and one (1) o'clock p. m.. and the judges 
may close such election at four (4) o'clock p. m. 

j^ 14. If. upon any day appointed for the election of trustees of 
schools, the said trustees of schools or judges shall be of opinion 
that, on account of the small attendance of voters, the public good 
requires it, or if a majority of the voters present shall desire 
it, they shall i)ostpone said election until the next Saturday, 
at the same place and hour, at which time and meeting the voters 
shall proceed as if it were not a postponed or adjourned meeting: 
Provided, that if notice shall not have been given of such election, 
as' required by section 8 of this article, then and in that case said 
election may be ordered as aforesaid, and holden on any other Sat- 
urday, notice thereof being given as aforesaid. 

§ 15. If the township treasurer shall fail or refuse to give notice 
of the regular election of trustees, as required by said section 8 of 
this article, and if, in case of a vacancy, the remaining trustee or 
trustees shall fail or refuse to order an election to fill such vacancy, 
as required by section 16 of this article, then, and in each of such 
cases, it shall be the duty of the county superintendent to order an 
election of trustees to fill such vacancies as aforesaid, and all elec- 
tions so ordered and held shall be valid to all intents and purposes 
whatever. 

§ 16. When a vacancy or vacancies shall occur in the board of 
trustees of schools, the remaining trustee or trustees shall order an 
election to fill such vacancy, upon any Saturday, notice to be given 
as required by said section 8 of this article. 

' § 17. In case of a tie vote at any election of trustees of schools, 
the election shall be determined by lot, on the day of the election. 
by judges th ereof . 

§ 18. In townships w^here, for general elections, there are more 
than two (2) polling places, the trustees shall give notice that pollh 
will be opened for such elections in at least tw^o places; in whicli 
case at least one of said trustees shall attend at each of said places, 
and additional judges shall be chosen as provided in section eleven 
(11) of this article: Provided, there shall be at least one polling 
place for each eight hundred legal voters in said township. Should 
the polling places be in excess of the number of trustees, then the 
voters at such polling places so in excess shall select from their num- 
ber the requisite number of voters, who shall act as judges of said 
election in the manner provided by said section eleven (11) for the 
election of trustees in unincorporated townships. Said judges shall 
return the ballots and original i)oll-books, with a certificate thereon. 



18 

showing the result of the election in said precinct, to the township 
treasurer of the township in which said election shall be held, 
whereupon it shall be the duty of the board of trustees of said 
township, within five days after said election, to meet and to canvass 
the returns from each precinct, to make out a certificate showing 
the number of votes cast for each person in each precinct, and in the 
whole township, and shall file said certificate with the county super- 
intendent of schools as otherwise i)rovided by law. 

§ 19. In counties adopting township organization, in each and 
every township whose boundaries coincide and are identical with 
those of the town, as established under the township organization 
laws, the trustee or trustees shall be elected at the same time and in 
the same manner as the town officers. In all such townships, if no 
trustees are elected at the stated town meeting, and when vacancies 
occur in the board, an election of trustee or trustees shall be ordered 
by the remaining trustee or trustees of schools, through the town- 
ship treasurer, as provided for in section nine (9) of this article. 

§ 20. Upon the election of trustees of schools, the judges of the 
election shall, within ten (10) days thereafter, cause a copy of the 
poll-book of said election to be delivered to the county superin- 
tendent of the county, with a certificate thereon showing the election 
of said trustees and the names of the persons elected, wdiich copy of 
the poll-book, with the certificate, shall be filed b}^ said superintend- 
ent, and shall be evidence of such election. For a failure to deliver 
said copy of the poll-book and certificate within the time prescribed, 
the judges shall be liable to a penalty of not less than twenty-five 
dollars ($25) nor more than one hundred dollars ($100), to be re- 
covered in the name of the People of the State of Illinois, by action 
of assumpsit, before anj^ justice of the joeace of the county, which 
penalty, when collected, shall be added to the township school fund 
of the township. 

§ 21. When school trustees are elected at town meetings, as 
i:)rovided in section nineteen (19) of this article, it shall be the duty 
of the county clerk, as soon as the list of the names of officers elected 
at the town meetings is filed with him, to give the county superin- 
tendent a list of the names of all school trustees elected at the 
town meetings of the county, and of the towns for which they are 
elected. 

§ 22. Within ten days after the annual election of trustees, the 
board shall organize by appointing one of their number president, 
and some person who shall not be a director or trustee, but wdio shall 
be a resident of the township, treasurer, if there be a vacancy in this 
office, who shall be ex officio clerk of the board. 

§ 23. The president shall hold his office for one year, and the 
treasurer for two years, and until their successors are appointed, but 
either of said officers may be removed by the board for good and 
sufficient cause. 

§ 24. It shall be the duty of the president to preside at all meet- 
ings of the board and it shall be the duty of the clerk to be present 
at all meetings of the board, and to record in a book to be provided 



19 

'for the purpose all of their official proceedings, which l^ook shall 
he a public record, open to the inspection of any person interested 
therein. All of said proceedings when recorded shall be signed by 
the president and clerk. If the i3resident or clerk shall be absent or 
refuse to perform any of the duties of his office at any meeting of the 
board, a president or clerk pj^o ton. may be appointed. 

§ 25. It shall be the duty of the board of trustees to hold regular 
semi-annuhl meetings on the first Mondays of April and October, 
and special meetings may be held at such other times as they think 
proi3er. Special meetings of the board may be called by the presi- 
dent or any two members thereof. At all meetings two members 
shall be a quorum for business. 

§ 26. At the regular semi-annual meetings on the first Mondays 
of April and October", the trustees shall ascertain the amount of State, 
county and township funds on hand and subject to distribution, and 
shall apportion the same as follows: 

First — Whatever sum may be due for the compensation and the 
books of the treasurer, and such sum as may be demed reasonable and 
necessary for dividing school lands, making plats, etc. 

Second — And the remainder of such funds shall be divided among 
the districts, or fractions of districts, in which schools have been 
kept in accordance with the provisions of this act and the instruc- 
tions of the State and county superintendents during the preceding 
year ending June 30, in proportion to the number of children under 
twenty-one (21) years of age in each. 

§ 27. The funds thus apportioned shall be placed on the books of 
the treasurer to the credit of the respective districts, and the same 
shall be i^aid out by the treasurer on the legal orders of the directors 
of the proper districts in the same manner as other funds of the dis- 
trict are paid Out. 

§ 28. The board of trustees of each township in this State shall 
,pre]3are, or cause to be prepared, by the township treasurer, the clerk 
of tne board, the directors of the several districts, or other person, 
and forwarded to the county superintendent of the county in which 
the township lies, on or before the 15th day of July, preceding each 
reo^ular session of the Greneral Assembly of this State, and at such 
other times as may be required by the county superintendent, or by 
the State Superintendent of Public Instruction, a statement exhibit- 
ing the condition of schools in their resj)ective townships for the pre- 
ceding biennial period, giving separately each year, commencing on 
the first of July and ending on the last of June, which statement 
shall be as follows: 

First — The whole number of schools which have been taught in 
each year; what part of said number have been taught by males ex- 
clusively; what part have been taught by females exclusively; what 
loart of said whole number have been taught by males and females at 
the same time, and what part by males and females at different 
periods. 



20 

Second — The whole number of scholars in attendance at all the 
schools, giving the number of males and females separately. 

Third — The number of male and female teachers, giving each sep- 
arately : the highest, lowest, and average monthly compensation paid 
to male and female teachers, giving each item separately. 

Fourth — The number of persons under twenty-one years of age. 
making a separate enumeration of those above the age of twelve years 
who are unable to read and write, and the cause or causes of the 
neglect to educate them. 

Fifth — The amount of the principal of the township fuAd; tht- 
amount of interest of the township fund paid into the towmship 
treasury; the amount raised by (td vatorem tax, and the amount of 
such tax received into the township treasury, and amount of all 
other funds received into the township treasury. 

Sixth — Amount paid for teachers' wages: the amount paid for 
school house lots; the amount paid for building, repairing, purchas- 
ing, renting and furnishing school houses; the amount paid for school 
apparatus, for books and other incidental expenses for the use of 
school libraries; the amount paid as compensation to township offi- 
cers and others. 

Sct:enth — The whole amount of the receipts and expenditures for 
school purposes, together with such other statistics and information 
in regard to schools as the State Superintendent or county superin- 
tendent may require. And any township from v%diich such report is 
not received in the manner and time required by law, shall forfeit its 
portion of the public fund for the next ensuing year: Provided, 
that upon the recomm.endation of the county superintendent, or for 
good and sufficient reasons, the State Superintendent may remit such 
forfeiture. 

§ 29. In all cases where a township is, or shall be divided by a 
county line or lines, the board of trustees of such township shall 
make or cause to be made separate enumerations of male and female 
persons of the ages as directed by section 28 of this article, designat- 
ing separately the number residing in each of the counties in which 
such township may lie, and forward each respective number to the 
proper county superintendent of each of said counties; and in like 
manner, as far as practicable, all other statistics and information 
enumerated and required to be reported in the aforesaid section, shall 
be separately reported to the several county sui^erintendents; and all 
such parts of said statistical information as are not susceptible of 
division and are impracticable to be reported separately, shall be re.- 
ported to the county superintendent of the county in which the six- 
teenth section of such townshiiD is situated. 

§ 30. At each semi-annual meeting, and at such other meetings 
as'they may think proper, the said township board shall examine all 
books, notes, mortgages, securities, papers, moneys and effects of the 
corporation, and tiie accounts and vouchers of the township treas- 
urer, or other township school officer, and shall make such order 



21 

thereon for their security, preservation, collection, correction of 
errors, if any, and for their proper management, as may seem to said 
board necessary. 

§ 31. The trustees of schools in each township in the State may 
receive any gift, grant, donation or devise made for the use of any 
school or schools, or library, or other school purposes within their 
jurisdiction, and they shall be and are hereby invested, in their cor- 
porate capacity, with the title, care and custody of all school houses 
and school house sites: Provided, that the supervision and control 
of such school houses and school house sites shall be vested in the 
board of directors of the district. 

§ 32. When, in the opinion of any board of directors, the school 
house site or any buildings have become unnecessary or unsuitable 
or inconvenient for a school, the board of trustees, on petition of a 
majority of the voters of the district, shall sell and convey the same 
in the name of the said board, after giving at least twenty days' no- 
tice of such sale by i)osting up written or printed notices thereof, 
particularl}^ describing said property, and the terms of sale, which 
notice maybe in the following form, viz.: 

Public notice is hereby g-iven that on the _. day of 

A. I) the trustees of schools of township No , range No, 

, will sell at public sale, on the premises hereinafter described, 

between the hours of ten o'clock a. m. and three o'clock P. M., the school 
house situaled on the school-house site, known as (here describe the_ site 
by its number, commonly known name, or other definite description), 
and located in the (here describe its place in the section) which sale will 
be made on the following terms, to wit: (Here insert as "one third of 
the purchase money cash in hand, and the balance in two equal payments, 
due in one and two years from the day of sale, with interest at the rate 
of per cent, from date.") 

A. B 

C. D. 
E. F. 

Trustees. 

And the deed of conveyance of the projDerty so sold shall be exe- 
cuted by the president and clerk of said board, and the proceeds of 
such sale shall be paid over to the township treasurer, for the benefit 
of said district. 

§ 33. All conveyances of real estate which may be made to said 
board, shall be made to said board in their corporate name, and to 
their successors in office. 

§ 34. The township board shall cause all moneys for the use of 
the townships and districts to be paid over to the township treas- 
urer, who is hereby constituted and declared to be the only lawful 
depositary and custodian of all township and district school funds. 
They shall have power also to remove the township treasurer, at any 
time, for any failure or refusal to execute or comply with any order 
or requisition of said board, legally made and entered of record, or for 
other improper conduct in the discharge of his duty as treasurer. 
The}^ shall also have power for any failure or refusal as aforesaid to 



22 

sue him upon his official bond and recover all damages sustained by 
the said board in its corporate capacity, by reason of such neglect or 
refusal as aforesaid. 

§ 35. The township trustees are hereby vested with general power 
and authority to purchase real estate, if in their opinion the interests 
of the township fund will be promoted thereby, in satisfaction of any 
judgment or decree wherein the said board or the county superin- 
tendent are plaintiffs or complainants: and the title of such real 
estate so purchased shall vest in said board for the use of the in- 
habitants of said township, for school purposes. 

§ 36. The board of trustees are hereby vested with general power 
and authority to make all settlements with persons indebted to them 
in their oiiicial capacity; or to receive deeds to real estate in com- 
promise; and to cancel, in such manner as they may think proper, 
notes, bonds, mortgages, judgments and decrees, existing or that may 
hereafter exist, for the benefit of the township, when the interest of 
said township, or of the fund concerned shall, in their opinion, re- 
quire it; and their action in the premises shall be valid and binding. 

§ 37. The board of trustees are hereby authorized to lease or sell 
at public auction, any land that may come into their possession in 
the manner provided for in either of the two preceding sections in 
such manner and on such terms as they may deem for the interests 
of the townships: Provided, that in all cases of sale of such land, 
the sale shall be either at the door of the court house, where judicial 
sales of land are usually made, or else on the premises to be sold, as 
the trustees may order and direct: And, provided, that in all cases 
of sale of land, as provided in this section, the sale shall be made in 
the manner provided for sale of the sixteenth section by section 14 
of article XIII of this act. 

§ 38. Upon petition of not less than fifty voters of any school 
township, filed with the township treasurer at least fifteen days 
X^receding the regular election of trustees, it shall be the duty of 
said treasurer to notify the voters of said township that an election 
"For" or "Against" a township high school will be held at the said 
next regular election of trustees, by posting notices of such election 
in at least ten of the most public places throughout such township, 
for at least ten days before the election; which notices may be in 
the following form, viz.: 

"high school election." 

Notice is hereby given that on Saturday, the clay of April, 

A. D an election will be held at , for the 

purpose of voting "For'' or "Against" the proposition to establish a town- 
ship high school for the benefit of township No range No. . . . . .. . . . 

The polls for said election will be open at and close at o clock 

of said day. 

A. B., 

To ten s h ij) Treas urer . 

Provided, that when any city in this State, having a population of 
not less than one thousand and not over one hundred thousand 
inhabitants, lies within two or more townships, then that township 



23 

in which a majority of the inhabitants of said city reside shall, 
together with said city, constitute a school township under this act 
for high school purx)oses. [As amended l)v act aj^proved June 19, 
1891. 

§ 39. The ballots for such election shall be received and canvassed 
as in other elections, and may have thereon the name of the person 
or persons whom the voter desires for trustee or trustees. 

§ 40. If a majority of the votes at such election shall be found to 
be in favor of establishing a township high school, it shall be the 
duty of the trustees of the township to call a special election on any 
Saturday within sixty days from the time of the election establish- 
ing the township high school, for the purpose of electing a township 
board of education, to consist of five members, notice of which elec- 
tion shall be given for the same time and in the same manner as 
provided for in the election of township trustees, . The members 
elected shall determine by lot, at their first meeting, the length of term 
each is to serve. Two of the members shall serve for one year each, 
two for two years, and one for three years from the second Saturday 
of A^Dril next preceding their election. Whenever a vacancy occurs 
(except by death or resignation) , a successor or sucessors shall be 
elected, each of whom shall serve for three years, which subsequent 
election shall be held on the same day and in the same manner as 
the election of township trustees. In case of vacancy from other 
cause than the expiration of the term of office, the board shall call 
an election without delay, which election may be held on any Sat- 
urday, notice of which shall be given for the same time and in the 
same manner as for the election of township trustees. Within ten 
days after their election, the members of the township board of edu- 
cation shall meet and organize by electing one of their number 
president, and by electing a secretary. It shall be the duty of the 
township board of education to establish at some central point most 
convenient to a majority of the pupils of the townsfiip, a high school 
for the education of the more advanced pupils. 

§ 41. For the purpose of building a school house supporting- the 
school and paying other necessary expenses, the township shall be 
regarded as a school district; and the township board of education 
shall have the power and discharge the duties of directors for such 
district in all respects. 

§ 42. In like manner the voters and trustees of two or more ad- 
joining towQships, or parts of townships, may cooperate in the 
establishment and maintenance of a high school, on such terms as 
they may, by -written agreement made and signed by the boards of 
trustees, enter into. 

§ 43. When any townsliip, townships or parts of townships, shall 
have organized a high school and wish to discontinue the same, upon 
petition of not less than a majority of the legal voters of said town- 
ship, townships or parts of townships, filed with the township treas- 
urers of said townships, at least fifteen days preceding the regular 
election of trustees, it shall 1)? the dutv of said tr(^asurers to notifv 



24 

the voters of the township, townships or parts of townships, that an 
election will be held on the day of said rea:ular election of trustees 
for the purpose of voting ''For" or "Against" discontinuing the town- 
ship high school, which notice shall he given in the same manner, 
and for the same length of time, and may be in substantially the 
same form, as the notice provided for in section 38 of this article: 
Provided, that any township where a creek or river divides the same 
and it has been divided into towns with such creek or river as a 
boundary line between them, and each of said towns contains a city, 
and an election has been held in such township, and carried in favor 
of establishing a township high school, a site for which has been 
selected in one of said towns, and other proceedings had thereon, a 
petition, signed by not less than one-fourth of the voters of such 
township, as shown h\ the vote of the last general election, may be 
filed at any time with the township treasurer of said township for an 
election, for the purpose of voting "For" or "Against" discontinuing 
the township high school as to the town in which the site is not 
located. Within ten days after the filing of a petition, as aforesaid, 
it shall be the duty of such township treasurer to post the notices of 
an election to be held, according to the prayer of such petition; and 
if the majority of the votes cast at such election shall be in favor of 
discontinuiiig the township high school in the town where the site 
has not been located, the same shall be discontinued as to it. [As 
amended by an act approved and in force June 2, 1897. 

§ 44. The ballots for such election shall be received and canvassed 
in the same manner as provided for in section 39 of this article. If 
the majority of the votes at such election shall be found in favor of 
discontinuing the high school, it shall be the dut}^ of the trustees to 
discontinue the same, and turn all the assets of the said high school 
over to the school fund of the township or townships interested 
therein, in proportion to the assessed valuation of said townships, to 
be used as anj' other township fund for school purposes. 

§ 45. No trustee of schools shall be interested in the sales, pro- 
ceeds or i^rofits of any book, apparatus or furniture used in an}- 
school in this State with which such trustee may be in any manner 
connected. For offending against the provisions of this section, any 
such trustee shall be liable to indictment, and, upon conviction, 
shall be fined in a sum not less than twenty-five dollars nor more 
than five hundred dollars, and may be imprisoned in the county jail 
not less than one nor more than twelve months, at the discretion of 
the court. 

§ 46. Trustees of schools in newly organized townships shall lay 
off the township into one or more school districts, to suit the wishes 
or convenience of a majority of the inhabitants of the township, and 
shall prei^are or cause to be prepared a map of the township, on 
which map shall be designated the district or districts, to be styled, 
when there are more districts than one, "District No. . . ., in town- 
ship No range No . . . . , of the .... P. M. (according to the 

proper numbers), county of and State of Illinois." 



25 

§ 47. In a township where such division into districts has been 
made, the said trustees may, in their discretion, at the regular 
meeting in April, when j^etitioned as hereinafter provided for, change 
such districts as lie wholly w^'thin their townshix^, so as — 

First— To divide or consolidate districts. 

Second To organize a new district out of territory belonging to 
two or more districts. 

Third — To detach territory from one district and add the same to 
another district adjacent thereto. 

§ 48. No change shall be made as provided for in the preceding 
section, unless petitioned for — 

First — By a majority of the legal voters of each of the districts 
affected by the proposed change. 

Second — By two-thirds (|) of the legal voters living within certain 
territory, described in the petition, asking that said territory be de- 
tached from one district and added to another. 

Third.— 'Ey two-thirds (|) of all the legal voters living within cer- 
tain territory, containing not less than ten (10) families, asking that 
said territory may be made a new district. 

§ 49. In school districts having a population of not less than one 
thousand inhabitants, whether acting under the general school law 
or organized and acting under a special charter, desiring a change 
of boundaries, the question of such change may be submitted to the 
trustees by a vote of the xjeople, instead of by the petition provided 
for in the preceding section; and when petitioned so to do by 
twenty-five legal voters of the district, the school board of the 
district shall submit the question of the change desired to the voters 
of said district, at a special election called for that puri^ose, and held 
at least thirty days prior to the regular April meeting of trustees. 
If a majority of the votes cast at any such election shall be in favor 
of the change proposed, then, due return of the election having been 
made to the township treasurer, the township trustees shall consider 
and take action the same as if petitioned therefor by a majority of 
the legal voters of such district: Provided, that no question of 
change of boundaries shall be submitted to a vote of the school dis- 
trict more than once in any year. [As amended by act approved 
June 18, 1891. 

^ 50. No petition shall be acted upon by the board of trustees 
unless such petition shall have been filed with the clerk of the said 
board of trustees at least twenty days before the regular meeting in 
April, nor unless a copy of the petition, together w^ith a notice in 
writing, signed by one or more of the petitioners, shall be delivered 
by the petitioners, or some one of them, at least ten days before tlie 
date at which the petition is to be considered, to the president or 
clerk of the board of directors of each district whose boundaries will 
be changed if the petition is granted. 



20 

Which notice may be in the following form, to-wit: 

The directors in district No in township No , range No of the 

principal meridian, will take notice that the undersigned and others have 

made and tiled with the board of trustees of said township their petition, a 
copy of which is herewith handed to you. 

Signed 

§ 51. At the said April meeting, by the concurrent action of the 
several boards of trustees of the townshi^DS in which the district or 
districts affected lie. each board being petitioned as provided for in 
section 48 of this article, the same changes may be made in the 
boundaries both of districts which lie in separate townships, but ad- 
jacent to each other, and of districts formed of parts of two or more 
townships, as are permitted to be made in districts which lie wholly 
in one township. 

§ 52. AVhen, at the regular meeting of the trustees in April, any 
petition shall come before the trustees, asking for any change in 
boundaries, it shall be the duty of the trustees to ascertain if the 
foregoing provisions have been strictly complied with; and if it shall 
appear that they, or either of them, have not been complied with, 
then, in such case, the board shall adjourn for not longer than four 
weeks, in order that the foregoing provisions may be complied with, 
but there shall be but one adjournment for such purpose. 

§ 53. If. on the day of the regular meeting, or. in case of an ad- 
journment, at the adjourned meeting, it shall appear that such pro- 
visions have been complied with, then the trustees shall consider the 
petition, and shall also hear any legal voters living in the district or 
districts that will be affected by the change if made, who may ap- 
pear before them to oppose the petition, and they shall grant or re- 
fuse the prayer of the petitioners without unreasonable delay. After 
the trustees shall consider the petition, no objection shall be there- 
after raised as to its form, and their action shall h& prima facie evi- 
dence that all the formal reqviirements have been complied with. 

§ 54. The petitioners, or the legal voters who have appeared 
before the trustees at the meeting when the petition was considered, 
and opposed the same, shall have the right of appeal to the county 
superintendent of schools: Provided, that the party apj)ealing hies 
with the clerk of the trustees a written notice of appeal within ten 
days after the final action upon the petition by the trustees, whicli 
notice may be in the following form, to-wit: 

To the trustees of schools, i,ownship No , range No of 

county, Illinois: 

You are hereby notified that the undersigned will appeal from your de 

cision, made on the day of , A. D , granting (or 

refusing) the prayer of the petition in regard to (here give substance of 

the petition concerned) to the county superintendent of schools of 

county, Illinois, as pro^ ided by law. 

Signed 

§ 55, When an appeal is taken from the action of the trustees to. 
the county superintendent, the clerk of the trustees shall, within five 
days after the written notice of the appeal has be3n filed with him 



27 

by the appellants, transmit all the pai:)ers in the case, with a trans- 
cript of the records of the trustees, showing their action thereon tO' 
the county superintendent; and, in case of an appeal, the township 
treasurer shall be required to take no further action in the matter, 
except upon the order of the county superintendent, whose duty it 
shall be to investisjate the case upon such appeal; and if, in his 
opinion, the change asked is for the best interest of the district or 
districts concerned, he shall make such change or changes, but if he 
considers the proposed change unadvisable, he shall refuse to make 
it, and shall reverse, if need be, the action of the trustees, and shall 
give the clerk, from whom he received the paper, immediate notice 
of his decision: and his action shall be final and binding. If the 
changes asked for by the petitioners shall be made by the county 
superintendent, he shall notify, in writing, the clerk by whom the 
papers in the case were transmitted to him, of his action, and the 
clerk shall thereupon make a record of the same, and shall, within 
ten days thereafter, make a copy of the same, and a ma]3 of the town- 
ship, showing the districts, and an accurate list of the tax-payers of 
the newly arranged districts, and deliver them to the county clerk 
for filing and record by him. the same as if the changes had been or- 
dered by the trustees. 

§ 56. In all cases where the territory affected by a jjroposed 
change of district boundaries is divided by a county line or lines, the 
appeal may be taken to the county superintendent of schools of any 
one of the counties in which said territory is partly located; and 
upon any appeal being taken in any such case, the county superin- 
tendent of schools, to whom such a^^peal is taken, shall forthw^ith, 
give notice to the count}' superintendent or superintendents of 
schools of the other county or counties, of the pendency of such ap- 
peal, and of the time and place when and where it will be heard; and 
the county superintendents of schools of the counties in which the 
said territory is located, shall meet together at such time and place, 
and together hear and determine said appeal. In case the said 
county superintendents shall be unable to arrive at an agreement, 
tliexi the county judge of the county where such appeal is joending 
shall be called, and shall constitute one of the board of appeal, and 
"thereupon the appeal shall be heard and determined by them. And 
the county superintendent of schools, to whom such appeal is taken, 
shall at once notify, in writing, the clerk by whom the papers in the 
case were transmitted to him of the action taken on such a-ppeal, as 
hereinafter provided 

§ 57. Whenever change in boundaries is made by the trustees of 
schools, if no appeal is taken to the county superintendent, the clerk 
of the trustees shall make a complete copy of the record of the action 
of the trustees, which copy shall be certified by the president of the 
trustees and the clerk who shall file the same, together with a map 
of the township, showing the districts, and an accurate list of the 
tax-payers of the newly arranged districts, with the county clerk for 
record within twenty days of the action of the trustees. 



28 

§ 58. In case any territory sliall be set off from any district that 
lias a bonded debt, the change not being petitioned for by a majority 
of the legal voters of said district, such original district shall remain 
liable for the payment of such bonded debt as if not divided. The 
directors of the original district having such bonded debt and of the 
district into which the territory taken from such original district has 
been incorporated or formed, shall constitute a joint board for the 
IDurpose of determining and certifying, and they shall determine and 
certify to the county clerk the amount of tax required yearly for the 
purpose of paying tiie interest and principal of such bonded debt; 
which tax shall be extended by the county clerk against all property 
embraced within such original district as if it had not been divided. 

§ 59. When the trustees of schools shall organize a new district, 
as hereinbefore provided for, it shall be the duty of the clerk of the 
board of trustees, if no appeal is taken to the county superintendent, 
to order, within fifteen days after the action of the trustees, an elec- 
tion, to be held at some convenient time and place, within the bound- 
aries of such newly organized district, for the election of three school 
directors, notice being given by the township treasurer, who shall 
IDOst up at least three notices of such election in at least three prom- 
inent places in said district, at least ten days prior to the time ap- 
pointed for holding such election, which notices shall specif}^ the 
place where such election is to be held, the time for opening and 
closing the polls, and the object of said election, which notice may 
be in the following form, to-wit: 

"election notice." 

Public notice is hereby g-iven that on the day of A. D. 

an election will be held at for the purpose of electing- 

three school directors for the new district known asdistrict No , in 

township No range No , of the P. ]\I., in 

county^, Illinois. 

The polls at said election will be open at o'clock M., and close 

at o'clock M. 

By order of the board of trustees of said tovrnship. 

Signed 

Toivnship IVeasurcr. 

§ 60. At the time appointed for opening the polls for said elec- 
tion, it shall be the duty of the legal voters present, five of whom 
shall constitute a quorum, to appoint three of their number, two of 
whom shall act as judges, and one as clerk of said election; and the 
election in all other respects shall be conducted as other elections 
for the election of school directors. 

§ 61. Within ten days after the election, it shall be the duty of 
the directors, elected at such election, to meet at some convenient 
time and iDlace previously agreed upon by said directors, and or- 
ganize as a district board b}^ appointing one of their number presi- 
dent, and another one of their number clerk of snid board, as in 
other cases of the election of school directors. At this first meeting 
of the directors, the}^ shall draw lots for their respective terms of 



29 

office for one, two and three years, each of which shall be considered 
a fractional term, ending at each annual meeting according to the 
term drawn. 

§ 62. In case a new district is organized by the action of the 
county superintendent, the said clerk of the board of trustees shall, 
within five days after he has received notice of the action of the 
county superintendent on the appeal, order an election of directors 
in the new district, the same as if the change had been made by the 
board of trustees, and such election shall be held in the same man- 
ner as the election provided for where the trustees have formed such 
new district. 

§ 63. Whenever a new district has been formed by the trustees. 
or by the county superintendent, or county superintendents, from a 
part of a district or from parts of two or more districts, the trustees 
of the township or tovv'nships concerned shall proceed forthwith to 
make a distribution of tax funds, or other funds w^hich are in the 
hands of the treasurer, or to which the district may, at the time of 
such division, be entitled ; so that both the old and new districts 
shall receive parts of such funds, in proportion to the amount of 
taxes collected next preceding such division from the taxable 
proiDerty in the territory composing the several districts. If the 
new districts be composed of parts of two or more districts, the trus- 
tees shall make distribution of said funds between the new district 
and the old districts, respectively, so that the new^ district shall 
receive a distribution of the funds of each of the old districts, in the 
proportion which the amount of taxes collected from the property in 
the territory of the new district bears to the whole taxes collected, 
next before the division, in the old district; and the town treasurer 
shall forthwith place the sum so distributed to the credit of the 
respective districts, and shall immediately place the proportion of 
the funds to which said new district may be entitled to its credit on 
his books, and the funds on hand shall be subject at once to the 
order of the directors of the new district, and those not on hand as 
soon as collected. 

§ 64.^ The trustees of the tow^nship or townships concerned shall, 
at the time of the creation of a new district, or within the period of 
thirty days thereafter, proceed to the appointment of three ap- 
praisers, who shall not be citizens of the township or townships 
interested. It shall be the duty of said appraisers, within thirty 
days after their appointment, to appraise the school property, both 
real and personal, of the district or districts interested, at their fair 
cash value. Within thirty days after such appraisment, the trustee 
or trustees of the township or townships concerned shall proceed to 
charge the property to the district in which it may be found, and to 
credit the other district interested therein with its proportion of 
such valuation: Provided, that the hona fide debts, if any, of the 
old district, shall first be deducted and the balance charged and 
credited as aforesaid and the trustees shall direct the treasurer to 
place to the credit of the district not retaining said property, its 
proportion of the value of said property, and of the funds then on 



30 

hand, or subsequently to accrue, belonging to such district to which 
such projDerty is charged. 

§ 65. If the trustees shall fail to observe the provisions of sections 
63 and 64, in reference to distribution of funds and property, they 
shall be individually and jointly liable to the district interested, in 
an action on the case, to the full amount of the damages sustained 
by the district aggrieved. Where trustees have heretofore failed to 
make distribution of pro^Derty to districts, as provided in said sec- 
tions 68 and 64 of this article, the district interested in the making 
of such distribution may, by its directors, request the trustees, in 
writing, to proceed to make such distribution; and said trustees shall 
X3roceed to make such distribution in the manner prescribed, and 
shall be liable, as herein stated, for a neglect or failure so to do. 

§ 66. The clerk of any board of trustees who shall fail, neglect, 
or refuse to perform the duties imposed upon him by this article of 
this act, or any of them, within the time and in the manner pre- 
scribed, shall, for each offense, forfeit not less than ten dollars ($10), 
nor more than twenty-five dollars ($25) of his pay as clerk of the 
board of trustees and township treasurer, which forfeiture shall be 
enforced by the trustees. 

§ 67. If any school district shall, for two consecutive years, fail 
to maintain a public school, as required by law to do, it shall be the 
duty of the trustees of schools of the township, or townships, in 
which such district lies, to attach the territory of such district to 
one or more adjoining school districts; and, in case said territory is 
added to two or more districts, to divide the property of said district 
between the districts to which its territory is added, in the manner 
hereinbefore provided for the division of propertj^ in case a new 
district is organized from a. part of another district, and the action 
of the trustees in such a case shall be final and binding. And the 
clerk of the trustees in such case shall file a copy of the record of 
the same, together with the map and list of tax-payers with the 
county clerk as in other cases of change of district boundaries. 

§ 68. The majorit}^ of legal voters of a district lying in two or 
more townships may secure the dissolution of said district by peti- 
tioning the several boards of trustees of said townships, at their reg- 
ular meeting in Ai^ril, that each will add the territory belonging to said 
district, in its township, to one or more adjacent districts. Upon re- 
ceipt of such petition, or the returns of the election (in districts con- 
taining one thousand or more inhabitants) the several boards of 
trustees shall each make such disposition of the territory of said dis- 
trict as lies in its township, and they shall jointly make such division 
of property of said district between the districts to which its terri- 
tory is attached, as is hereinbefore provided in the case of the or- 
ganization of a new district from a part of another district. The ac- 
tion of the trustees, in accordance with such petition or election, 
shall be final and binding; and the clerks of the several boards of 
trustees, in such case, shall file a copy of the record of the same, to- 
gether with the map and lists of tax-payers, with the countj' clerk, 
as in other cases of change of district boundaries. 



31 

§ 69. The trustees of schools, elected as provided for in this ar- 
ticle, shall be the successors to the trustees of school lands, apx^ointed 
by the county commissioners' court, and of trustees of schools elected 
in townships under the provisions of ''An act making provisions for 
•organizing and maintaining common schools," ajoproved February 
26, 1841, and "An act to establish and maintain common schools," 
approved March 1, 1847, and "An act to establish and maintain a 
system of free schools," approved April 1, 1872. All rights of prop- 
erty, and rights and causes of action, existing or vested in the trus- 
tees of school lands, or the trustees of schools appointed or elected 
as aforesaid, for the use of the inhabitants of the township, or any 
part of them, shall vest in the trustees of schools, as successors, in 
as full and complete a manner as was vested in the trustees of school 
lands, or the trustees of schools appointed and elected, as aforesaid. 

-* ARTICLE IV. 



TOWNSHIP TREASURER. 



1. Bond; form of bocd. 

-'. Treasurer's accounts; record of notes 
and bonds: subject to inspection. 

3. Terms of loans. 

i. Securities to run to board of trustees. 

5. Surplus district funds may be loaned. 

(j. Statement of loans to be delivered to 
county superintendent. 

7. Form and release of mortgage. 

8. Action on mortgage; insurance poli- 

cies. 

9. Additional security. 

10. Preference given to debts due to school 

fund. 

11. Default in payment; penalty; action to 

recover interest. 

12. Manner of bringing suits. 



'i 13. Treasurer shall keep money, books and 
papers, and keep funds at interest. 

§ 14. Send annual statement to trustees. 

? 15. Annual exhibit. 

§ 16. Statement to districts; exhibit to be 
posted. 

§ 17. Penalty for failure to perform require- 
ments of the preceding: sections. 

§ 18. Unpaid orders of teachers to draw in- 
terest. 

g 19. Additional duties defined. 

§ 20. Treasuier liable for failure to perform 
his duties, but not liable when acting 
under orders of board. 

? 21. Bonds, securities, etc., to be turned 
over to successor; penalty and .judg- 
ment. 

§ 22. Compensation of the treasurer. 



Section 1. The township treasurer appointed by the board of 
trustees of schools shall, before entering upon his duties, execute a 
bond with two or more freeholders, who shall not be members of the 
board, as securities, payable to the board of trustees of the township 
for which he is appointed treasurer, with a sufficient penalty to cover 
all liabilities which may be incurred, conditioned faithfully to per- 
form all the duties of township treasurer in township No , 

range No in county according to law; which 

bond shall be approved by at least a majority of the board, and shall 
be delivered by one of the trustees to the county superintendent of 
the proper county. And in all cases where such treasurer aforesaid 
is to have the custody of all bonds, mortgages, moneys and effects 
denominated principal, and belonging to the township* for which he 



32 

is appointed treasurer, the penalty of such treasurer's bonds shall l).^ 
twice the amount of all bonds, notes, mortgages, moneys and effects: 
and shall provide for the faithful accounting for, and turning over, 
of all such bonds, notes, mortgages, moneys and effects as shall come 
into his hands while he may act as such treasurer, under such ap- 
j)ointment. to his successor, when appointed and qualified, as herein 
provided, by giving bond. The penalty of said bond shall be in- 
creased from time to time, as the increase of the amount of notes, 
bonds, mortgages and eff'ects may require, and whenever, in the judg- 
ment of the trustees or county superintendent, the security is in- 
sufficient. x4.ny and every township treasurer appointed subsequent 
to the first, as herein provided, shall execute bond with security, as 
is required of the first treasurer. 

The bond required in this section shall be in the following form. 
viz. : 

State of Illinois, ) ^^ 

County, Z^^- 

Know all men by these presents, that we, A. B., C. D. and E. F., are held 
and firmly bound, jointly and severally, unto the board of trustees of town- 
ship , range in said county, in the penal sum of 

dol'ars, for the payment of which we bind ourselves, or heirs, executors and 
administrators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 

day of , A. D., 18 The condition of the above oblig-ation i>; 

such that if the above bounden A. B., township treasurer of township 

, range , in the county aforesaid, shall faithfully discharge 

the duties of said office, according to the laws which now are or may here- 
after be in force, and shall deliver to his successor in office, after such 
successor shall have fully qualified by j^civing bond as provided by law, all 
moneys, books, papers, securities and property which shall come into his 
hands or control, as such townshio treasurer, fro-n the date of this bond up 
to the time that his successor shall have duly qualified as township treasurer, 
by ^ivin^ such bond as shall be required by law, then this oblisfation to be 
void; otherwise to remain in full force and virtue. 

Approved and accepted by: 

G. H,, 1 A. B., (Seal.) 

I. J.. [Trustees. C. D., (Seal.) 

K. L., J E. F., (Seal.) 

§ 2. Every township treasurer shall provide himself with two 
well bound books, the one to be called a cash book, the other a loan 
book. He shall charge himself in the cash book with all moneys 
received, stating the charge, when, from whom, and on what account 
received, and credit hiuiself with all moneys paid or loaned, stating 
the amount loaned, the date of the loan, the rate of interest, the 
time when payable, the name of the securities; or, if real estate to 
be taken, a description of the same. 

He shall also enter, in separate accounts, moneys received and 
moneys paid out, charging the first to debit account, and crediting 
the latter as follows, to-wit: 

First — The principal of the township fund, when paid in and 
when paid out. 

Second — The interest of the township fund, when received and 
when paid out. 



33 



Third— The common school fund and other funds, when received 
from the county superintendent and when paid out. 

Fourth — The taxes received from the county or town collector, 
for what district received, and when and what purpose paid out. 

Fifth — Donations received. 

Sixth — Moneys coming from all other sources; and in' all cases 
entering the date when received, and when paid out. And he shall 
also arrange and keep his books and accounts in such other manner 
as may be directed by the State or county superintendent _ or the 
board of trustees. He shall also provide a book, to be called a journaL 
in which he shall record, fully and at length, the acts and proceed- 
ings of the board, their orders, by-laws and resolutions. And he 
shall also provide a book, to be called a record, in which he shall 
enter a brief description of all notes or bonds belonging to the town- 
ship, and upon the opposite page he shall note down when paid, or 
any remarks to show where or in wdiat condition it is, as in the 
following form, viz.: 



Maker's Name. 



A. B.. C. D., E. F. 



Date of Note. 



•January 1, 18. 



When Due. 



Amount. 



January 1, 18.. 



$90 00 



Remarks. 



Tanuai-y 6, 18 banded 

to I. J., foL collection, or 
January t), 18..., paid. 



All the books and accounts of the treasurer shall at all times be 
subject to the inspection of the trustees, directors or other person 
authorized by this act, or by any committee appointed by the voters 
of the township, at the annual election of trustees, to examine the 
same. 

§ 3. Township treasurers shall loan, upon the following condi- 
tions, all moneys which shall come to their hands by virtue of their 
office, except such as may be subject to distribution. The rate of 
interest shall not be less than six (6) per cent., nor more than eight 
(8) per cent, per annum,* payable annually, the rate of interest to 
be determined by a majority of the township trustees at any regular 
or special meeting of their board. No loans shall be made for less- 
than six (6) months, nor more than five (5) years. For all sums 
not exceeding two hundred dollars ($200) loaned for not more than 
one year, two (2) responsible sureties shall be given: for all sums 
over two hundred dollars ($200), and for all loans for more than 
one (1) year, security shall be given by mortgage on real estate un- 
incumbered, in value forty per cent, more than the amount loaned, 
with a condition that in case additional security shall be at any time 
required, the same shall be given to the satisfaction of the board of 
trustees for the time being: Provided, that nothing herein shall 
prevent the loaning of township funds to boards of school directors, 
taking bonds therefor, as provided in section 1, article IX, of 
this act. 



* 7 per cent, is the highest rate allowed by law on loans made on or after July 1, 1891. 



34 

§ 4. Notes, bonds, mortgages and other securities taken for money 
or other property due, or to become due, to the board of trustees for 
the township, shall be payable to the said board by their corporate 
name; and in such name, suits, actions and complaints, and every 
description of legal proceedings may be had for the recovery of 
money, the breach of contracts and for every legal liability which 
may at any time arise or exist, or upon which a right of 
action shall accrue to the use of such corporation: Provided, 
hoivever, that notes, bonds, mortgages and other securities in 
which the name of the county suijerintendent, or of the trustees of 
schools are inserted, shall be valid to all intents and purposes, 
and suit shall be brought in the name of the board of trustees as 
aforesaid. The wife of the mortgagor, (if he is married) shall join in 
the mortgage given to secure the payment of money loaned by virtue 
of the provisions of this act. 

§ 5. Whenever there is a surplus fund in the treasurer's hands 
belonging to any school district, the treasurer may loan the same for 
the use and benefit of such district, upon the written request of the 
directors of said district and not otherwise: and all such loans shall 
be on the same conditions as are prescribed in this article for the 
loaning of township funds. 

§ 6. The township treasurer shall, on or before the 30th day of 
June, annually, prej^are and deliver to the county superintendent of 
his county, a statement, verified by his affidavit, showing the exact 
condition of the township funds. Said statement shall contain a 
description of the securities, bonds, mortgages and notes belonging 
to the township, giving names of securities, dates, amount of loans, 
rate of interest, when due, and all data by which a full understand- 
ing of the condition of the funds may be obtained. The county 
superintendent shall preserve such statement for the use of the 
township. 

§ 7. Mortgages to secure the payment of money loaned under the 
provisions of this act, ma}^ be in the following form, viz.: 

I, A. B. , of the county of and State of , do 

hereby grant, convey and transfer to the trustees of school of township 

range No , in the county of and State of Illi- 
nois, for the use of the inhabitants of said township, the following described 
real estate, to-wit: (Here insert premises), which real estate I declare to be 

in mortgage for the payment of dollars loaned to me and 

for the payment of all interest that may accrue thereon to be computed 

at the rate of per cent, per annum until paid. And I do 

hereby covenant to pay the said sum of money in years from the 

date hereof, and to pay the interest on the same annually, at the rate aforesaid. 
I further covenant that I have a good and valid title to said estate, and that 
the same is free from all incumbrance, and that I will pay all taxes and as- 
sessments which may be levied on said estate, and that I will give any addi- 
tional security that may at any time be required in writing by said boai-d of 
trustees: and if said estate be sold to pay said debt, or any part thereof, or 
for any failure or refusal to comply with or perform the conditions of 
covenant herein contained, I will deliv^er immediate possession of the 
premises. And it is further agreed, by and between the parties, in case a 
bill is tiled in any court to foreclose this mortgage for non-payment of either 
principal or interest, that the martgagor will pay a reasonable solicitor's fee, 



85 

and the same shall be included in the decree and be taxed as costs: and we, 
A. B., and C, wife of A. B., hereby release all riefht to the said premises 
which we may have bj^ virtue of any homestead laws of this State, and in 
consideration of the premises, C, wife of A. B., doth hereby release to said 
board all her right and title of dower in the aforegranted premises for the 
purpose aforesaid. 

In testimony whereof, we have hereby set our hand and seals this 

day of , 18 

A. B. (Seal.) 
C. B. (Seal.) 

Which mortgage shall be acknowledged and recorded as is required 
by law for other conveyances of real estate, the mortgagor paying 
expenses of acknowledgment and recording. 

On payment of any school mortgage in full, it shall be the duty of 
the trustees of schools to give a deed of release of such mortgage or 
to enter satisfaction thereof upon the record, such deed of release or 
satisfaction to be executed by the township treasurer. 

§ 8. Upon the breach of any condition or stipulation contained 
in said mortgage, an action may be maintained and damages recov- 
ered as upon other covenants; but mortgages made in any other form 
to secure payment, as aforesaid, shall be valid as if no form had been 
prescribed. In estimating the value of real estate mortgaged to 
secure the payment of money loaned under the provisions of this 
law, the value of improvements liable to be destroyed may be in- 
cluded; but in any such case said improvements shall be insured for 
the insurable value thereof in some safe and responsible insurance 
company or companies, and the policy or policies of insurance shall 
be transferable to the board of trustees as additional security for any 
loan, and shall be kept so insured until the loan is paid. 

§ 9. In all cases where the board of trustees shall require ad- 
ditional security for the i^ayment of money loaned, and such security 
shall not be given, the township treasurer shall cause suit to be in- 
stituted for the recovery of the same, and all interest therecn to the 
date of judgment: Provided, that proof be made of the said 
requisition. 

§ 10. In the payment of debts by executors and administrators, 
those due the common school or township fund shall have a prefer- 
ence over all other debts, except funeral expenses, the widow^'s award, 
and the expenses attending the last sickness, not including the 
physician's bill. And it shall be the duty of the township treasurer 
to attend at the office of the probate judge upon the proper day, as 
other creditors, and have any debts, as aforesaid, probated and 
classed, to be paid as aforesaid. 

§ 11. If default be made in the payment of interest due upon 
money loaned by any county superintendent or township treasurer, 
or in the payment of the principal, interest at the rate of twelve per 
cent, per annum shall be charged upon the principal and interest 
from the day of default, which interest shall be included in the 
•assessment of damages; or in the judgment in the suit or action 
brought upon the obligation to enforce payment thereof, and interest 
as aforesaid may be recovered in an action brought to recover in- 



36 

terest only. The said township treasurer is hereby empowered to 
bring appropriate actions in the name of the board of trustees, for 
the recovery of the yearly interest, when due and unpaid, without 
suing for the principal, in whatever form secured; and justices of 
the peace shall have jurisdiction of such cases of all sums not ex- 
ceeding two hundred dollars. 

§ 12. All suits brought or actions instituted vinder the provisions 
of this act. may be brought in the name of the trustees of schools of 

township No , range No , except as provided for qui tarn 

actions, or actions in favor of count}^ superintendents. 

§ 18. The said township treasurer shall demand, receive and 
safely keep, according to law. all monej^s, books and papers of every 
description belonging to his township. He shall keep the township 
funds loaned at interest; and if, on the first Monday in October, in- 
any year, there shall be any interest or other funds on hand which 
shall not be required for distribution, such amount not required a& 
aforesaid, may, if the board of trustees see proper, forever be con- 
sidered as principal in the funds to which it belongs, and loaned as 
such. 

§ 14. Cn the first Mondays in April and October of every year,, 
the township treasurer shall lay before the board of trustees a state- 
ment showing the amount of interest, rents, issues and profits that 
have accrued or become dvie since their last regular half-yearly meet- 
ing, on the township lands and township funds, and also the amount 
of state and county fund interest on hand. He shall also lay before 
the said trustees all books, notes, bonds, mortgages and all other evi- 
dences of indebtedness belonging to the township, for the examina- 
tion of the trustees; and shall make such other statement as the- 
board miy require, touching the duties of his office. 

§ 15. The said township treasurer shall make out annually, and 
present to the board of trustees, at their meeting succeeding the 
annual election, a complete exhibit of the fiscal affairs of the town- 
ship, and of the several districts or parts of districts in the township- 
showing the receipts of money, and the sources from which they 
have been derived, and the deficit and delinquencies, if there be an}^ 
and the cause, as well as a classified statement of moneys paid out, 
and the amount of obligations remaining unpaid. 

§ 16. The townshix3 treasurer shall, within two days after the first 
Monday in April, and on July fifteenth in each year, make out for 
each district or part of district in the township, a statement or ex- 
hibit of the exact condition of the account of such district or part of 
district, as shown by his books on April first and June thirtieth of 
each year; which statement or exhibit shall show the balance at the 
time of making the last exhibit, and the amount received since, up- 
to the time of making the exhibit, and when and from what source 
received; and it shall also show the amount paid out during the same 
time, to whom paid, and for wdiat purjDose, and shall be balanced, 
and the balance shown. It shall be the duty of said treasurer to com- 
ply with any lawful demand the said trustees may make as to the 
verification of any balance reported by said treasurer to be on hand. 



H- 



The exhibit shall be subscribed and sworn to by the treasurer before 
any officer authorized to administer an oath, and shall then, by the 
treasurer, be, without delay, delivered or transmitted by mail to the 
clerk of the board of directors of the proper district. It shall be the 
duty of the said clerk, upon receiving such exhibit, to enter the same 
upon the records of the district, and, at the next annual election of 
directors thereafter, to cause a copy thereof to be posted up at the 
front door of the building where such election is held. 

17. For a failure on the part of the treasurer, clerk of any 
board of directors, or any director, to comply with any of the re- 
quirements of the preceding sections of this article, he shall be liable 
to a penalty of not less than five dollars ($5) nor more than fifty 
dollars ($50), to be recovered before any justice of the peace of the 
county in which the offense is committed. 

§ 18. When any order drawn for the payment of a teacher, is 
presented to the township treasurer for payment, and is not paid for 
want of funds, the said treasurer shall make a written statement over 
his signature by an endorsement on such order, with date, showing 
such presentation and non-payment, and shall make and keep a re- 
cord of such endorsement. Such order shall thereafter draw interest 
at the rate of eight per cent, per annum until paid, or until the treas- 
urer shall, m writing, notify the clerk of the board of directors that 
he has funds to pay such order; and of said notice, the said treasurer 
shall make and keep a record; after giving said notice, he shall hold 
the funds necessary to pay such order until it is presented for pay- 
ment, and such order shall draw no interest after the giving of said 
notice to said clerk of the board. 

§ 19 In addition to the foregoing requirements, it shall be the 
duty or the said township treasurer — 

First— To return to the county clerk of his county, on or before 
the second Monday in August in each year, the certificate of tax levy 
made by each board of school directors in his township. 

Second—To pay, whenever he has funds in his hands belonging to 
the district, all lawful orders drawn on him by the board of directors 
of any school district in his township. 

Third—To collect, from the collector of taxes of the township and 
the county collector of taxes, the full amount of the tax levies made 
by the several boards of directors in his township. 

Fourth— To examine the official record of each school district in 
the township on the first Mondays in April and October of each year. 

Fifth— To keep a correct account between the districts where pupils 
are transferred by the directors from one district to another. 

Sixth— To give, upon the order of the trustees of schools, notice 
ot the election of trustees, as required by law. 

Seventh—To give, in case of the formation of a new school dis- 
trict, notice of the election of a board of school directors. 



38 

Eighth — To cause to be X3ublished in some newspaper published in 
his county an annual statement of the finances of the township, a& 
required by law. 

Ninth — To make, whenever a change has been made in the bounda- 
ries of a school district, a complete copy of the records of the trustees, 
a map of the township showing such change of boundaries, and an 
accurate list of the tax-payers in the newly arranged districts, and 
file the same with the county clerk within twenty days of the time 
such change was made. 

Tenth — To file and safely keep all poll-books and returns of elec- 
tions which may be delivered to him under any provisions of this 
act. 

Eteventh — To receive and safely keep all moneys, securities, papers 
and effects belonging to the township or the school districts, which, 
by law% are required to be deposited with such treasurer. 

§ 20. For any failure or refusal to perform all the duties required 
of the township treasurer by law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained, to be re- 
covered by action of debt by said board, in their corporate name, for 
the use of the proper township, before any court having jurisdiction 
of the amount of damages claimed; but if such treasurer, in any 
such failure or refusal, acted under and in conformity to a requisi- 
tion or order of said board, or a majority of them, entered upon their 
journal and subscribed by their president and clerk, then, and in that 
case, the members of the board aforesaid, or those of them voting 
for such requisition, or order aforesaid, and not the treasurer, shall 
be liable, jointly and severally, to the inhabitants of the township 
for such damages, to be recovered by an action of assumpsit in the 
official name of the county superintendent of schools, for the use of 
the proper townships: Pronided, that said township treasurer shall 
be liable for any part of the judgment obtained against said trustees 
which can not be collected on account of the insolvency of such trus- 
tees. 

§ 21. Whenever a township treasurer shall resign or be removed, 
and at the expiration of his term of office, he shall pay over to his 
successor in office all money on hand, and deliver over all books, 
notes, bonds, mortgages and all other securities for money, and all 
pai3ers and documents of every description, in which the corpor- 
ation has any lawful interest whatever. And in case of the death of 
the township treasurer, his securities and legal representatives shall 
be bound to comply w4th the requisitions of this section, so far as 
the said securities and legal representatives may have the power so 
to do. And for a failure to comply with the requisites of this sec- 
tion, the persons neglecting or refusing shall be liable to a penalty 
of not less than ten dollars ($10) nor more than one hundred dollars 
($100) at the discretion of the court before which judgment may be 
obtained, to be recovered in an action of debt, in the name of the 
trustees of schools, before any justice of the peace, for the benefit of 
the school fund of such township: Provided, that the obtaining or 
payment of such judgment shall in no wise discharge or diminish the 



39 

obligations of the persons signing the official bond of such township 
treasurer, 

§ 22. The township treasurers shall receive in full, for all services 
rendered by them, a compensation to be fixed, prior to their election, 
by the board of trustees. 



Article V. 



§ 1. Board of directors in districts with 
less than 1,000 inhabitants. 



J; 2. Board of directors a body politic. 

''. 3. Elig-ibility of school directors. 

I 4. Non-residence creates a vacancy. 

I 5. Annual election and term of office. 

* 6. Election in new districts. 

^ 7. Vacancies. 

'■'. 8. Notices of election. 

? 9. Election in certain cases ordered by 
township treasurer or county super- 
intendent. 



BOARD OF DIRECTORS. 

I 19. Business to be done at a regular or 
special meeting. 

I 20. President or clerk pro tempore. 

§ 21. Report of the organization. 

l 22. Reports of statistics, etc. 

I 23. Not to be interested in school con- 



10. 



tracts. 

§24. Not to be interested in sale of school 
books, etc. 

I 25. Liable to indictment and fine. 

I 26. Duties defined. 

l 27. Additional powers defined. 



Judges; postponement; election on §28. Orders on demand 



any Saturday 
11. A tie vote 



12 



Delivery of the poll-book, and filing 
the same; certificate. 



''-. 13. Poll-book in union district. 



14. Penalty for failure to deliver the poll- 
book. 



I 29. 



31, 



I 32, 
I 33. 



? 34, 



Orders in anticipation of taxes. 

Liable for balance due teachers. 

Vote of the district required to locate 
school sites, etc. 

Compensation for school site. 
Removal by the county superintend- 



Funds paid out upon orders; form of 
order. 

? 35. Transfer of pupils; separate sched- 
ules. 

Directors collect amount due from 
transfer pupils. 



36, 



? 15. Organization of the board. 

^ 16. Quorum. 

'< 17. Records. 

I 18. Mertings. 

Section 1. In all school districts having a population of less 
than one thousand inhabitants, and not governed by any special 
act in relation to free schools now in force, there shall '"'be elected in 
the manner hereinafter provided for, a board of directors to consist 
ot three members. [As amended by an act approved June 1, 1889. 

§2. The directors of each district are hereby declared a bodv 
politic and corporate, by the name of "school directors of District 

-^^ ' township No , range No county of 

, ,••.•• • " ^^d State of Illinois," and by that name mav sue and 

be sued in all courts and places w^hatever. 



40 

§ 3. Any person, male or female, married or single, of the age of 
twenty-one years and upwards, who is a resident of the school dis- 
trict, and who is able to read andwTitein the English language, shall 
be eligible to the office of school director: ProvideA. that no person 
shall be eligible to the office of school director who is at the time a 
member of the board of school trustees. 

§ 4. If any director shall, during the term of his office, remove 
from the district in which he was elected, his office shall thereby be- 
come vacant and a new director shall be elected, as in other ca'^'es of 
vacancy in office. 

§ 5. The annual election of school directors shall be on the third 
Saturday of April, when one director shall be elected in each district, 
who shall hold his office for three years, and until his successor is 
elected. 

>j 6. In new districts, the first election of directors may be on any 
Saturday, notice being given by the township treasurer, as for the 
election of trustees, when three directors shall be elected, who shall, 
at their first meeting, draw lots for their respective terms of office, 
for one, two and three years. 

§ 7. When vacancies occur, the remaining director or directors 
shall, without delay, order an election to fill such vacancies, which 
election shall be held on Saturday. 

§ 8. Notices of all elections in organized districts shall be given 
by the directors at least ten days previous to the day of said election. 
Said notices shall be jDosted in at least three of the most public 
places in the district, and shall Specify the place where such election 
is to be held, the time of opening and closing of the polls, and the 
question or questions to be voted on. 

§ 9. Should the directors fail or refuse to order any regular or 
special election, as aforesaid, it shall be the duty of the township 
treasurer to order such election, and if the township treasurer fails 
to do so, then it shall be the duty of the county superintendent to 
order such election of directors within ten days, in each case of such 
failure or refusal, and the election held in iDursuance of such order 
shall be valid, the same as if ordered bv the directors. 

§ 10. Two of the directors ordering such election shall act as 
judges, and one as clerk of such election. But if said directors or 
any of them shall fail to order an election, to attend, or shall refuse 
to act wdien present, and in all unorganized districts and in elections 
to fill vacancies, the legal voters when assembled shall choost^ such 
additional members as may be necessary to act as two judges and a 
clerk of said election: Provided, that if upon the day appointed for 
said election, the said directors or judges shall be of opinion that, on 
account of the small attendance of voters, the public good requires it, 
or if the voters present, or a majority of them, shall desire it, they 
shall postpone said election until the next Saturday, at the same 
place and hour, when the voters shall proceed as if it were not an 
adjourned meeting: And, provided, (iho, that if notice shall not 



41 

have been given as above required, then said election shall be 
ordered as aforesaid and holden on any Saturday, notice thereof 
being given, as aforesaid. 

i:< 11. In case of a tie vote, the judges shall decide it by lot on the 
day of the election. 

§ 12. AVithin ten days after every election of directors, the judges 
shall cause the poll-book to be delivered to the township treasurer, 
with a certiticate thereon showing the election of said directors and 
the names of the x^ersons elected; which poll-book shall be filed by 
the township treasurer, and shall be evidence of said election. 

§ 13. In cases of a union district, made up of parts of two or more 
tow^nships, the poll-book shall be returned to the townshii^ treasurer 
who receives the tax money for said district. 

§ 14. For a failure to deliver the poll-book within the time pre- 
scribed, the judges shall be liable to a penalty of not less than 
tw^enty-five dollars ($25) nor more than one hundred dollars (i$100) 
to be recovered in the name of the People of the State of Illinois, by 
action of assumpsit, before an}^ justice of the peace of the county, 
which penalty, when recovered, shall be added to the township school 
fund of the township. 

g 15. The directors, within ten days after the annual election of 
the directors, shall meet and organize by appointing one of their 
number president, and another of their number clerk of such board 
of directors. 

§ IG. Two directors shall be a quorum for business. 

§ 17. The clerk of such board of directors shall keep a record of 
all the official acts of the board in a well-bound book i3rovided for 
that i)i^irp<~>se, which record shall be signed by the president and clerk, 
and shall be submitted to the township treasurer for his inspection 
and apx^roval on ihe first Mondays of April and October, and at such 
other times as the township treasurer may require. 

§ 18. The board of directors shall hold regular meetings at such 
times as they may designate; and they may hold special meetings as 
occasion may require, at the call of the president or any tw^o members. 

§ 19. Xo official business shall be transacted by the board except 
at a regular or special meeting. 

§ 20. If the president or clerk be absent from any meeting, or, 
being present, refuses to perform his official duties, a i^resident or 
clerk pro tempore shall be apiDointed. 

§ 21. The clerk of each board of school directors shall report to 
the townshii^ treasurer or treasurers of the proper townshii) or town- 
ships, immediately after the organization of the board, the names of 
the president and clerk of such board. 

§ 22. On or before the seventh day of July, annually, the clerk 
of each board of directors shall report to the township treasurer 
having the custody of the funds of such district, such statistics and 
other information in relation to the schools of his respective district 
as the township treasurer is required to embody in his report to the 



42 

county superintendent, and the particular statistics to be so reported 
shall be determined and designated by the State Superintendent of 
Public Instruction, or by the county superintendent. 

§ 23. No director shall be interested in any contract made by the 
board of which he is a member. 

§ 24. No director shall be interested in the sale, i^roceeds or prof- 
its of any book, apparatus or furniture used or to be used in an}' 
school in this State with which he may be connected. 

§ 25. Any iDerson offending against the provisions of the two pre- 
ceding sections shall be liable to indictment, and, upon conviction, 
shall be fined in any sum not less than twenty-five dollars (S25) and 
not more than five hundred dollars ($500). and may be imprisoned in 
the count}' jail not less than one nor more than twelve months, at the 
discretion of the court. 

§ 26. It shall be the duty of the board of directors of each dis- 
trict — 

First — At the annual election of directors to make a detailed re- 
X3ort of their receipts and expenditures to the voters there j)resent, 
and transmit a copy of such report to the township treasurer within 
five days from the time of said election. 

Second — To report to the county sui)erintendent, within ten days 
after their employment, the full names of all x^ersons employed as 
teachers, the date of the beginning and the end of their contract. 

Third— To xDrovide for the necessary revenue to maintain free 
schools in their district in the manner provided for in article VIII 
of this act. 

Fourth — When a district is composed of parts of two or more town- 
ships, the directors shall determine and inform the collectors of said 
townships, and the collector or collectors of the county or counties in 
which said townships lie, in writing, under their hands as directors, 
which of the treasurers of the townships from which their district is 
formed shall demand and receive the tax money collected l)y the said 
collector as aforesaid. 

Fifth — To establish and keep in operation for at least one hundred 
and ten (110) days of actual teaching in each year, without reduction 
by reason of closing schools on legal holidaj'S, or for any other cause, 
and longer if practicable, a sufficient number of free schools for the 
accommodation of all children in the district over the age of six (6) 
and under tv/enty-one (21) years, and shall secure for all such chil- 
dren the right and opportunity to an equal education in such free 
schools. 

Sixth — To adopt and enforce all necessary rules and regulations 
for the management and government of the schools. 

Seventh — To visit and inspect the schools from time to time as tie 
good of the schools may require. 

Fif/hth — To appoint all teachers and fix the amount of their salar- 
ies. 



43 

Ninth — The directors shall direct what branches of study shall be 
taught, and what text books and apparatus shall be used in the sev- 
eral schools, and strictly enforce uniformity of text books therein, but 
shall not permit text books to be changed oftener than once in four 
years, but shall prohibit such change.* 

Te7itli—T\iQ directors shall have power to purchase, at the expense 
of the district, a sufficient number of the text books used to supply 
children whose parents are not able to buy them. The text books 
bought for such purpose shall be loaned only, and the directors shall 
require the teacher to see that they are properly cared for and re- 
turned at the end of each term of school. 

Eleventh — The directors shall, on or before the seventh day of 
July, annually, deliver to the township treasurer all teachers' sched- 
ules made and certified as required by the provisions of article VII 
of this act, covering all time taught during the school year, end- 
ing June 30th, and the directors shall be personally liable to the dis- 
trict for any loss sustained by it, through the failure of the directors 
to examine and so deliver such schedules within the time fixed by 
law. 

T'welfth — The directors shall not pay out any public money to any 
teacher unless such teacher shall, at the time of his or her employ- 
ment, hold a certificate of qualification, obtained under the provisions 
of this act, covering the entire period of his or her employment. f 

Thirteenth — The directors shall not pay any public funds to any 
teacher unless such teacher shall have kept and furnished schedules 
as required by this act, and shall have satisfactorily accounted for 
books, apparatus and other property of the district that he may have 
taken in charge. 

Fourteenth — The directors shall iDay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors shall 
at once make out and deliver to the teacher an order upon the town- 
ship treasurer for the amount named in the schedule; which order 
shall state the rate at which the teacher is paid according to his con- 
tract, the limits of time for which the order pays, and that the direc- 
tors have duly certified a schedule covering this time. But it shall 
not be lawful for the directors to draw an order until they have duly 
certified to the schedule; nor shall it be lawful for the directors, after 
the date of filing schedules as fixed by law, to certify any schedule 
not delivered to them before that date by the teacher, when such 
schedule is for time taught before the first of July preceding, nor to 
give an order in payment of the teacher's wages for the time covered 
by such delinquent schedule. 

Fifteenth — At the annual election of directors, the directors shall 
cause a copy of the township treasurer's report of the financial condi- 
tion of the district, provided by law, to be posted upon the front 
door of the building where such annual election is held. 



* See act requiring and regulating the study of physiology and hygiene, approved June 

?J897. 

t See section 5, article VII. 



44 

§ 27. The board of school directors shall be clothed with the fol- 
lowing additional powers: 

First — To use any funds belonging to their district, and not other- 
wise api^ropriated, for the purchase of a suitable book for their rec- 
ords. And the said records shall be kept in a punctual, orderly and 
reliable manner. 

Second — Said directors may, where they deem the amount of labor 
done sufficient to justify it, allow the clerk of such board of direc- 
tors, out of any fund not otherwise appropriated, compensation for 
duties actually performed. 

Third — Thej^ shall have the power to dismiss a teacher for incom- 
petency, cruelt}^ negligence, immorality or other sufficient cause. 

FoiirtJi — They shall have power to assign pupils to the several 
schools in the district; to admit non-residents when it can be done 
without prejudice to the rights of resident pupils; to fix rates of 
tuition; collect and pay the same to the township treasurer for the 
use of said district. 

Fifth — They may suspend or expel pupils who ma}^ be guilty of 
gross disobedience or misconduct, and no action shall lie against them 
for such expulsion or suspension. 

Sixth — They may provide that children under twelve (12) years of 
age shall not be confined in school more than four hours dail3^ 

Seventli — They may appropriate, for the purchase of libraries and 
ajDparatus, any school funds remaining after all necessary school ex- 
penses are paid. 

Eighth — When any school district owns any personal property not 
aieeded for school purposes, the directors of such district may sell 
such property at public or private sale, as in their judgment will be 
for the best interest of the district, and the proceeds of such sale 
shall be i^aid over to the treasurer of such district, for the benefit of 
said school district. 

Ninth — They may grant special holidays whenever in their judg- 
ment such action is advisable: Provided, no teacher shall be re- 
quired to make up the time lost by the granting of such holidays. 

Tentii — They shall have the control and supervision of all school 
houses in their district, and may grant the temporary use of school 
houses wdien not occupied by schools, for religious meetings and Sun- 
day schools, for evening schools and literary' societies, and for such 
other meetings as the directors may deem proper. 

Eleventh — They shal] have power to decide when the school house 
site, or the school buildings have become unnecessary, or unsuitable, 
or inconvenient for a school. 

Twelfth — They may borrow money, and issue bonds therefor, for 
building school houses, purchasing sites, repairing and improving 
school houses, in the way and manner provided for by article IX of 
.this act. 



45 

§ 28. The school directors shall draw no order or warrant payable- 
upon demand upon the township treasurer or against any fund in his 
hands, unless at the time of drawing such order or warrant there are 
sufficient funds in his hands to pay the amount of the same: Pro- 
vi'ded, this section shall not apply to orders issued to teachers for 
their wages. 

§ 29. Whenever there is no money in the treasury of any school 
district to meet and defray the ordinary and necessary expenses 
thereof, it shall be lawful for the board of directors to provide that 
all orders or warrants may be drawn and issued against and in an- 
ticipation of the collection of any taxes already levied by said 
directors for the payment of the ordinary and necessary expenses of 
any such district, to the extent of seventy-five per centam of the 
total amount of said tax levy: Provided, that warrants drawn and 
issued under the provisions of this section shall show upon their 
face that they are ijayable solely from said taxes when collected, and 
not otherwise, and such warrants shall be received by any collector 
of taxes in payment of the taxes against which they are issued, and 
which taxes against which said warrants or orders are drawn shall 
be set apart and held for their payment. 

§ 80. The school directors shall be liable as directors for the bal- 
ance due teachers, and for all debts legally contracted. 

g 31. It shall not be lawful for a board of directors to purchase 
or locate a schoool house site, or to purchase, build or move a school 
house, or to levy a tax to extend schools beyond nine months with- 
out a vote of the people at an election called and conducted as, 
required by section 4 of article IX of this act. A majority of the 
votes cast shall be necessary to authorize the directors to act: Pro- 
vided, that if no one locality shall receive a majorit}^ of all the votes 
cast at such election, the directors may, if in their judgment the 
public interest requires it, proceed to select a suitable school house 
site; and the site; so chosen by them shall, in such case, be legal and 
valid, the same as if it had been determined by a majority of the 
votes cast; and the site so selected by either of the methods above 
provided shall be the school house site for such district; and said 
district shall have the right to take the same for the purpose of a 
school house site either with or without the owner's consent, by 
condemnation or otherwise. 

§ 32. In case the compensation to be paid for the school house 
site mentioned in the i3receding section can not for any reason be 
agreed upon or deter aiined between the school directors and the 
parties interested in the land taken for such site, then it shall be the 
duty of the directors of such district to proceed to have such com- 
pensation determined in the manner which may be at the time 
provided by law for the exercise of the right of eminent domain: 
Provided, that no tract of land lying outside of the limits of any 
incorporated city or village, and lying within forty rods of the 
dw^elling house of the owner of the land, shall be taken for a school 
site without the owner's consent. 



46 

§ 33. Any director wilfully failing to perform his duties as di- 
rector under this act, may be removed by the county superintendent, 
and a new election ordered, as in other cases of vacancies. 

§ 34. All funds belonging to any school district, and coming from 
any source, shall be paid out only on order of the board of directors, 
signed by the president and clerk of said board, or by a majority of 
said board. In all such orders shall be stated the purpose for which 
or on what account such order was drawn. Such order may be in 
the following form : 

The treasurer of township No , rang-e No , in 

county, will pay to w^^' hearer, dollars and 

cents, (on his contract for repairing school house, or whatever the purpose 

may be) . By order of the board of directors of school district No , 

in said township. 

A B , President. 

C D , Clerk. 

§ 35. Pupils shall not be transferred from one district to another 
without the written consent of a majority of the directors of each 
district, which written consent shall be delivered to and filed with 
the proper township treasurer, and shall be evidence of such consent. 
A separate schedule shall be kept for each district, and in each 
schedule shall be certified the proper amount due the teacher from 
that district, comj)uted upon the basis of the total, number of days' 
attendance of all schedules. If the district from ^whieh the pupils 
are transferred is in the same township as the district in which the 
school is taught, the directors of said district shall deliver the 
separate schedules to their township treasurer, who shall credit the 
district in which the school was taught, and charge the other dis- 
trict with the respective amounts certified in said separate schedules 
to be due. If pupils are transferred from a district of another 
township, the schedule for that district shall be delivered to the 
directors thereof, who shall immediately draw an order on their 
treasurer in favor of the treasurer of the township in which the 
school was taught for the amount certified to be due in said separate 
schedule. 

§ 36. When a school is composed in part of pu^jils transferred, 
as provided for in the preceding section, from other townships, the 
duty of collecting the amount due on account of such pupils shall 
devolve upon the directors of the district in which the school was 
taught. 



47 

Article VI. 



BOARD OF EDUCATION. 



•.? 1. Cities and villag:es. 

I 2. Boards of education in all districts not 
less tha)i 1,000 inhabitants; number 
of members. 

j; 3. President of the board. 

^ 4. Duties and powers of the president. 

I 
I 5. Annual election of members; term of | 

office. 1 

\ 6. Notice of election; form of notice. I 

l 7. Election on any Saturday. 

'i 8. Conduct of election. 

\ 9. Election of members of board of edu- 
cation to succeed directors. I 

I 10. Powers and duties of the board de 

fined. ' 

? 11. Yeas and nays. 

? 12. Business to be done at a reg'ular or 
special meeting'. 

?. 13. Conveyances of real estate; how made. 

?. 14. School moneys in charge of township 
treasurer. 

i 15. Special acts may be relinquished; 
manner of change and form of notice. 



'i 16. Redistricting: under this act; election 
of school boards. 

1 17. Number of members in board of edu- 

cation of cities having' over 100,000 
inhabitants, and manner of their ap- 
pointment. 

\ 18. Eligibility to membership in boards of 
education in such cities. 

2 19. Organization; employes of the board; 

term, etc. 

§ 20. Records; yeas and nays. 

I 21. Powers with concurrence of city coun- 
cil defined. 

I 22. Other powers defined. 

I 23. Duties defined. 

I 24. Business to be done at a regular meet- 
ing. 

1 25. Conveyances of real estate made to 
city in trust. 

3 2G. School moneys held by city treasurer. 

g 27. City not liable for excess of expendi- 
tures; board not authorized to tax. 

"i 28. Powers of board not to be exercised by 
city council. 



Section 1. Incorporated cities and villages, exce^jt such as now 
have charge and control of free schools by special acts, shall be and 
remain parts of the school townships in which they are respectively 
situated, and be subject to the general provisions of the school law, 
except as otherwise provided in this article. 

§ 2. In all school districts having a population of not less than 
one thousand and not over one hundered thousand inhabitants, and 
not governed by any special act in relation to free schools now in 
force, there shall be elected, instead of the directors provided by law 
in other districts, a board of education, to consist of a president of 
the board of education, six members, and three additional members 
for every additional ten thousand inhabitants. Whenever additional 
members of such board of education are to be elected by reason of 
increased population of such district, such members shall be elected 
on the third Saturday of April succeeding the ascertaining of such 
increase by any general or special census, and the notice of such elec- 
tion shall designate the term for which the members are to be elected, 
so that one-third of the board shall be elected for each year: Pro- 
vided, that in no case shall said board consist of more than fifteen 
members. 



48 

i? 3. The president of said board of education shall be elected an- 
nually, at the same time the members of the board of education are 
elected, and he shall hold his office for the term of one year, and un- 
til his successor is elected and qualified. 

§ 4. The president of the board of education so elected shall pre- 
side at all meetings of said board, and shall give the casting vote in 
case of a tie between the members thereof, but otherwise he shall 
not have a vote. He shall sign all orders for the payment of money 
ordered by said board, and generally perform such duties as are im- 
posed by law upon presidents of boards of directors, or that may be 
imposed upon him by said board of education, not in conflict with 
law: Provided, that in the absence or inability to act as said presi- 
dent, said hoard may appoint a president pro tempore from their 
number. 

§ 5. The annual election of members of the board of education 
shall be on the third Saturday in April, when one-third of the mem- 
bers shall be elected for three years, and until their successors are 
elected and qualified. 

§ 6. Notice of such election shall be given by the board of educa- 
tion at least ten days previous to such election by posting notices in 
at least three of the most public places in said district, which shall 
specify the jjlace where such election is to be held, the time of oijen- 
ing and closing the polls and the purpose for which such election is 
held, which notice may be in the following form, to-wit: 

Public notice is hereby given, that on Saturday, the day of April 

A. D an election will be held at between the 

hours of and of said day, for the purpose of electmg a presi- 
dent of the board of education of district No , township No 

rang-e No, and members of the board of education of said 

district. 

Dated this day of , A. D 

A B President. 

C D , Clerl-. 

§ 7. In case of a failure to give the notice above provided for. 
such election may be held on any Saturday after such notice has 
been give as aforesaid. 

§ 8. Such election shall be conducted in the same manner, and 
be governed by the provisions of this act relating to the election of 
boards of directors, except as otherwise provided by law. 

§ 9. At the first election of directors succeeding the passage of 
this act, in any district having a iDopulation of not less than one thou- 
sand (1,000} inhabitants by the census of 1880, and in such other dis- 
tricts as may hereafter be ascertained by any special or general cen- 
sus to have a population of not less than one thousand (1.000) in- 
habitants, at the first election of directors occurring after taking such 
special or general census, there shall be elected a board of education, 
who shall be the successors of the directors of the district; and all 
rights of i)roperty and all rights or causes of action existing or vested 
in such directors, shall vest in said board of education, in as full and 
complete a manner as was vested in the school directors. Such board. 



49 

at its first meeting, shall fix, by lot, the terms of office of its members 
so that one-third of them shall serve for one year, one-third for two 
years and one-third for three years, and thereafter one-third shall be 
elected annually on the third Saturday in April, to fill the vacancies 
occurring, and to serve for the term of three years. 

§ 10. The board of education shall have all the powers of school 
directors; and, in addition thereto and inclusive thereof, they shall 
have the power and it shall be their duty — 

Fh'st — To establish and support free schools not less than six nor 
more than ten months in each year. 

Second — To repair and imj^rove school houses, and to furnish them 
with the necessary fixtures, furniture, apparatus, libraries and fuel. 

Third — To examine teachers as supplemental to any other exami- 
nation, to employ teachers and to fix the amount of their salaries. 
[As amended by act apxDroved June 19, 1893. 

Fourth — To establish schools of different grades, and make regu- 
lations for the admission of pupils into' the same. 

Fifth— To buy or lease sites for school houses, with the necessary 
grounds: Proinded, it shall not be lawful for such board of educa- 
tion to purchase or locate a school house site, or to purchase, build 
or move a school house, unless authorized by a majority of all voters 
voting at an election called for such purpose in pursuance of a peti- 
tion signed by not less than five hundred (500) legal voters of such 
district, or by one-fifth of all the legal voters of such district. 

Sixth— To levy a tax, annually-, upon the taxable property of the 
district, in the manner provided in article VIII of this ac4, for 
the purpose of supporting and maintaining free schools in accord- 
ance with the powers herein conferred: Provided, that it shall not 
be lawful for such board of education to levy a tax to extend schools 
beyond a period of ten months in each year, except upon petition of 
a majority of the voters of the district: And, provided fnrtJier, that 
all taxes shall be levied under the limitations relating to the i^ercent- 
age of the assessment, as provided by section 1, article VIII of this, 
act. 

Seventh — To employ, should they deem it expedient, a competent 
and discreet person or persons as superintendent or superintendents 
of schools, and fix and pay a proper salary or salaries therefor, and 
such superintendent may be required to act as principal or teacher 
in such schools. 

Eighth — To lay off and divide the district into sub-districts, and 
from time to time alter the same, create new ones and consolidate 
them. 

Ninth — To visit all the public schools as often as once a month to 
inquire into the progress of scholars and the government of the 
schools. 



Tenth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner.* 

Eleventli — To expel any pupil who may be guilty of gross disobe- 
dience or misconduct. No action shall lie against them for such ex- 
pulsion. 

Ticelfth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the school may. in their opinion, recpiire such 
removal or dismissal. 

Thirteenth — To apportion the scholars to the several schools. 

Fourteenth — To establish and promulgate all such by-laws, rules 
and regulations for the government and for the establishment and 
maintenance of a proper and uniform system of discipline in the sev- 
eral schools as may. in their opinion, be necessary. 

Fifteenth — To take charge of the school houses, furniture, grounds 
and other i^roperty belonging to the district, and see that the same 
are kept in good condition, and not suffered to be unnecessarily in- 
jured or deteriorated. 

Sixteenth — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school houses, or 
other property belonging to or under the control of the district. 

Seventeenth — To appoint a secretary and provide well bound books 
at the expense of the school tax fund, in which shall be kept a faith- 
ful record of all their proceedings. 

F^ghteentli — To annually prepare and publish in some newspaper, 
or in pamphlet form, a rejDort of the number of pupils instructed in 
the year preceding, the several branches of study pursued by them, 
of the number of persons between the ages of twelve and twenty-one 
unable to read and write, and the receipts and expenditures of each 
school, specifying the source of such receipts and the objects of such 
expenditures. 

§ 11. In all (questions involving the expenditure of money, the 
yeas and nays shall be taken and entered on the records of the pro- 
ceedings of the board. 

§ 12. None of the powers herein conferred upon boards of educa- 
tion shall be exercised by them, except at a regular or special meet- 
ing of the board. 

§ llj. All conveyances of real estate shall be made to the township 
trustees in trust for the use of schools, and no conveyance of any real 
estate or interest therein used for school purposes, or held in trust 
for schools, shall be made, except by the board of trustees, upon the 
written recpiest of such board of education. 

>J 14. All money raised by taxation for school purposes, or re- 
ceived from the State common school fund, or from any other source, 
for school purposes, shall be held by the township treasurer as a 

* See act retiuirinir and regulating' the study of physiolog'y and hysriene, approved June 
9. 1897. 



51 

special fund for scliool purposes, subject to the order of the board of 
education, upon warrants signed by the president and secretary 
thereof. 

§ 15. Any city, incorporated town, townshij^ or district in whicli 
free schools are now managed under any sjDecial act. may, by vote of 
its electors, cease to control such schools under such special act, and 
become part of- the scliool township in which it is situated, and sub- 
ject to the control of the trustees thereof, under and according to the 
provisions of this act. 

Upon petition of fifty voters of such city, town, township or dis- 
trict, presented to the board having control and management of 
schools in such city, town, township or district, it shall be the duty 
of such board, at the next ensuing election to be held in such city, 
town or township or district, to cause to be submitted to the voters 
thereof, giving not less than fifteen days' notice thereof, by posting 
not less than five notices in the most public places in such city, town, 
township or district, the question of "Organization under the Free 
School Law:" which notice shall be in the following form, to-wit: 

Public notice is hereby given that ou the day of A. D. 

, an election will be held at , between the hours of 

M. and M. of said day, for the purpose of deciding the ques- 
tion of "Organization under the Free School Law." 

§ 16. If it shall appear, on a canvass of the returns of such elec- 
tion, that a majority of the votes cast at such election are ''For Or- 
ganization under the Free School Law," then at the next ensuing 
regular meeting of the board of trustees of the township or townships 
in which such city, incorporated town, township or district is situ- 
ated, said trustees shall proceed to redistrict the township or town- 
ships as aforesaid, in such manner as shall suit the wishes and con- 
venience of a majority of the inhabitants in their respective town- 
ships, and to make a division of funds and other projjerty in the 
manner provided for by section 68 of article III of this act. and on 
any Saturday thereafter there shall be elected, in each of the new 
districts so formed, a director, directors or board of education, as the 
case may be, in the manner provided for in section 6 of article V of 
this act, and thereafter such districts shall proceed as other districts 
under this act; but all subsequent elections of directors or boards of 
education shall be conducted as provided in sections 5 and 8 of article 
V of this act.* 

§ 17. In cities having a population exceeding one hundred thou- 
sand inhabitants, from and after this act shall take effect, the board 
of education shall consist of twenty-one members, to be appointed by 
the mayor, by and with the advice and consent of the common coun- 
cil, seven of whom shall be appointed for the term of one year, seven 
for the term of two years, and seven for the term of three years: 
Provided, lwivevei\ that in such cities wherein there is now a board 
of education, holding their office by appointment, such officers shall 
continue in office until the time at which their terms would have ex- 



* See further provision in act approved June 2, 1891, and act approved June 10, 1897. 



52 



pired under the law in force at the time of their appointment. At 
the expiration of the term of any members of said board, their suc- 
cessors shall be appointed in like manner and shall hold their office 
for the term of three years. Any vacancy which may occur shall be 
filled by the appointment of the mayor, with the approval of the com^ 
mon council, for the unexpired term: And, ijrovided further, that 
from and after this act shall take effect there shall be appointed by 
the mayor, by and with the advice and consent of the common coun- 
cil, six members, two of whom shall be appointed for the term of one- 
year, two for the term of two years, and two for the term of three 
years. [As amended by act approved June 22, 1891. 

§ 18. Any person having resided in any such city more than five 
years next preceding his appointment, shall be eligible to member- 
ship of such board of education. 

§ 19. The said board of education shall appoint a president and 
secretary, the president to be appointed from their own number, and 
shall appoint such other officers and employes as such board shall 
deem necessary, and shall prescribe their duties and compensation 
and terms of office. 

§ 20. The said board shall provide well-bound books, at the ex- 
pense of the school tax fund, in which shall be kept a faithful record 
of all their proceedings. The yeas and nays shall be taken and en- 
tered on the' records of the proceedings of the board upon all ques- 
tions involving the expenditure of money. 

§ 21. The said board of education shall have charge and control 
of 'the public schools in such cities, and shall have power, with the- 
concurrence of the city council — 

jPi^^gf—T^o erect or purchase buildings suitable for school houses^ 
and keep the same in repair. 

Second— To buy or lease sites for school houses, with the neces- 
sary grounds. 

Third— To issue bonds for the purpose of building, furnishing- 
and repairing school houses, for purchasing sites for the same, and 
to provide for the payment of said bonds: to borrow money for 
school purposes upon the credit of the city. 

§ 22. The said board of education shall have power— 
jrirst— To furnish schools with the necessary fixtures, furniture- 
and apparatus. 

Second— To maintain, support and establish schools, and supply 
the inadequacy of the school funds for the salaries of school teach- 
ers from school taxes. 

Third— To hire buildings or rooms for the use of the board. 
jrourtJi-To hire buildings or rooms for the use of schools. 
Fifth— To employ teachers and fix the amount of their compen- 
sation. 



Sixth — To prescribe the school books to be used, and the studies 
:in the different schools.* 

Seventh — To lay off and divide the city into school districts, and 
from time to time alter the same and create new ones, as circum- 
stances may require, and generally to have and possess all the rights, 
powers and authority required for the proper management of 
schools, with power to enact such ordinances, as may be deemed 
necessary and expedient for such purpose. 

Eighth — To expel any pupil wdio may be guilty of gross dis- 
obedience or misconduct. 

Ninth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the school may, in their oi:)inion, require such 
removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school j)roperty, and to loan moneys belonging 
to the scliool fund. 

§ 28. It shall be the duty of such board of education — 

First — To take the entire superintendence and control of the 
schools in such cities. 

Second — To examine all persons offering themselves as candidates 
for teachers, and when found w^ell qualified to give them certificates 
gratuitously. 

Third — To visit all the public schools as often as once a month. 

Fourth — To establish all such by-laws, rules and regulations for 
the government and for the establishment and maintenance of 
a proper and uniform system of discipline in the several schools as 
may, in their opinion, be necessary. 

Fifth — To determine from time to time how many and what class 
of teachers may be employed in each of the xjublic schools, and em- 
ploy such teachers and fix their compensation. 

Sixth — To take charge of the school houses, furniture, grounds 
and other property belonging to the school districts, and see that the 
same are kept in good condition and not suffered to be unnecessarily 
injured or deteriorated. 

Seventh — To provide fuel and such other necessaries for the schools 
as, in their opinion, may be required in the school houses, or other 
property belonging to the said districts. 

Eighth^To inquire into the progress of scholars and the govern- 
ment of the schools. 

Ninth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner. 

Tenth — To prescribe what studies shall be taught, and what books 
and axjparatus shall be used. 

* ^See act i-eqiiiring: and regulating' the study of physiology and liygiene, approved June 
'.9, 1897. 



54 

Eleventh— To report to the city council, from time to time, any- 
suggestions they may deem expedient or requisite in relation to the- 
schools and the"^ school fund, or the management thereof, and gener- 
ally to recommend the establishment of new schools and districts. 

Twelfth— To prepare and publish an annual report, which shall in- 
clude the receipts and expenditures of each school, specifying the 
source of such receipts and the object of such expenditures. 

Thirteenth— To communicate to the city council, from time to 
time, such information within their possession as may be required. 

§ 24. None of the powers herein conferred upon the board of edu- 
cation of such cities shall be exercised by them except at a regular 
meeting of such board. 

§ 25. All conveyances of real estate shall be made to the city in 
trust, for the use of schools, and no sale of real estate or interest 
therein, used for school purposes, or held in trust for schools, shall 
be made except by the city council, upon the written request of such, 
board of education. 

§ 26. All moneys raised by taxation for school purposes or re- 
ceived from the State common school fund, or from any other source 
for school purposes, shall be held by the city treasurer as a special 
fund for school purposes, subject to the order of the board of educa- 
tion, upon warrants to be countersigned by the mayor and city clerk. 

§ 27. Said board of education shall not add to the expenditures 
for school purposes anything over and above the amount that shall 
be received from the State c'ommon school fund, the rental of school 
lands or property, and the amount annually appropriated for such 
purposes. If said board shall so add to such expenditure the city 
shall not, in any case, be liable therefor. And nothing herein con- 
tained shall be construed so as to authorize any such board of educa- 
tion to levy or collect any tax upon the demand, or under the direc- 
tion of such board of education. 

§ 28. All schools in such cities shall be governed as hereinbefore 
stated, and no power given to the board of education shall be exer- 
cised by the city 'council of such city. 



Article YII. 
teachers. 

Agre and (lualifications; trraduates of g 10. Animal institute. 

county normal schools. v i. -vt i i x- c \ ^^ t 

^ g 11. No deduction of wagres when attendmjr 

State certificates. institutes held on school days. 

First and second grade certificates; ^. 12. Responsible for the property of the 
subjects for examination; renewal district. 



and revocation; form of certificate. 

4. Record by county superintendent. 

5. Must have a certificate. 
G. Subjects to l)e taught. 

7. Examinations by county superintend- 

ent. * 

8. Fee to be charged. 

9. Moneys thus received paid to county 

treasurer. 



? 13. Must keep registers; form of register. 

I 14, Schedules, or Statements of attendance 
to be made; form of schedule. 

? 15, Schedules to be delivered to directors ; 
certificate of directors. 

I 16. Teacher's wages payable monthly; un- 
paid orders to draw interest. 

I 18. School month; holidays. 



Section 1. Xo teacher shall be authorized to teach a coramon 
school under the provisions of this act who is not of good moral char- 
acter, at least eighte3n years of age, if a male, or seventeen years of 
age, if a female, and who does not possess a certificate of qualifica- 
tions as hereinafter provided for: Promded, that in any county in 
which a county normal school is established, under the control of a 
county board of education, the diplomas of graduates in said normal 
school shall, when directed by said board, be taken by the county 
superintendent as sufficient evidence of ciualification to entitle the 
holder to a first grade certificate; but such diplomas shall not be suf- 
ficient after two years from such graduation. 

§ 2. The State Superintendent of Public Instruction is hereby 
authorized to grant State certificates to such teachers as may be found 
worthy to receive them: such certificates shall be of two grades, and 
both shall be valid in every county and school district in the State, 
The higher grade shall be valid during the lifetime of the holder, and 
the lower grade shall be valid for five years. But State certificates shall 
only be granted upon public examination, of which due notice shall 
be given, in such branches and upon such terms and by such exam- 
iners as the State Superintendent and the principals of the State 
universities may prescribe. Said certificates may be revoked by the 
State Superintendent upon jDroof of immoral or unprofessional con- 
duct. [As amended by an act approved April 28. 1893. 

§ 3. It shall be the duty of the county superintendent to grant 
certificates to such persons as may, upon due examination, be found 
qualified. Said certificates shall be of two grades; those of the first 
grade shall 1)6 valid in the county for two years, and shall certify 
that the person to whom such certificate is given is of good moral 
character, and is qualified to teach orthography, reading in English, 
penmanship, arithmetic, English grammar, modern geography, the 
elements of the natural sciences, the historv of the United States, 



56 

physiology and the laws of health. Certificates of the second grade 
shall be valid for one year, and shall certify that the person to whom 
such certificate is given is of good moral character, and is qualified 
to teach orthography, reading in English, penmanship, arithmetic, 
English grammar, modern geography, and the history of the United 
States:* Provided, that teachers exclusively teaching music, draw- 
ing, i^enmanship, book-keeping, German or any other special study 
shall not be required to be examined except in reference to such 
special study; and, in such cases, it shall not be lawful to employ 
such teachers to teach any branch of study except such as they have 
been examined upon and which shall be stated in the certificate. 
The county superintendent may, in his option, renew said certificates 
at their expiration by his endorsement thereon, and may revoke the 
same at any time for immorality, incompetency, or other just cause. 
Said certificates may be in the following form, viz.: * 

Illinois, A. I) 

The undersigned, having- examined in orthography, reading 

in English, penmanship, arithmetic, English grammar, modern geography, 
the history of the United States, and methods of teaching, and being satisfied 

that is of good moral character, hereby certifies that 

qualifications in the above branches are such as to entitle to 

this certificate, being of the grade, and valid in said county for 

.... year from the date hereof, renewable at the option of the 

county superintendent by his endorsement thereon. 

Given under mv hand and seal at the date aforesaid. 

A. B., 

County Superintendent of Schools. 

[As amended by an act approved June 21, 1895.] 

§ 4. Each county superintendent shall also keej) a record, in a 
book provided for that purpose, of all teachers to whom he grants 
certificates. Said record shall show the date and grade of each cer- 
tificate and all renewals granted, and the name, age and nativitj^ of 
each teacher; and shall give the names of male and female teachers 
separatel}^ Said record may be as follows, viz.: 



i 1 ' 

Name. Age. Nativity.! Date. 


Grade. 


Experience. Graduated. 


Chas. Thompson. 25 


1 
Illinois..! Mar. 1,1888 


.1 


Has taugrht 5 
years 1 State Normal University 



§ 5. No teacher shall be entitled to any portion of the common 
school or township fund, or other public fund, or be employed to 
teach any school under the provisions of this act, who shall not. at 
the time he enters upon his duties as such teacher, have a certificate 
of qualification obtained under the provisions of this act from the 
superintendent of the State, or the county superintendent of the 
county in which the school is located, entitling him to teach. [As 
amended by act approved June 19, 1893.] 



* See act requiring and regulating the study of physiology and hygiene, approved June 
9, 1897. 



§ 6. Every school established under the provisions of this act 
shall be for instruction in the branches of education prescribed in 
the qualihcations for teachers, and in such other branches, including 
vocal music and drawing, as the directors, or the voters of the dis- 
trict at the annual election of directors, may prescribe. 

§ 7. It shall be the duty of the county superintendents to hold 
meetings, at least quarterly, and oftener, if necessary, for the exam- 
ination of teachers, on such days and in such places in the respective 
counties, as will, in their opinion, accommodate the greatest number 
of persons desiring such examination. Notice of such meetings shall 
be published a sufficient length of time, in at least one newspaper of 
general circulation, the expense of such publication to be paid out of 
the school fund. 

§ 8. The county superintendent shall in all cases require the pay- 
ment of a fee of one dollar from every applicant for examination for 
a teacher's certificate, and for each renewal of such a certificate he 
*shall require the payment of a fee of one dollar. 

§ 9. All moneys so received from applicants for teachers" certifi- 
cates, and from the registration fees hereinafter provided for, the 
said county superintendent shall transmit monthly to the county 
treasurer, to be by him held and designated as the institute fund, and 
with such fund the county superintendent shall give the treasurer a 
list of the names of the persons paying such fees. Said fund shall 
lae paid out by the county treasurer only upon the order of the county 
superintendent, and Only to defray the expenses of the teachers' in- 
stitutes, which the county suiDerintendent is, by the following sec- 
tions, authorized to hold. The county superintendent shall take 
vouchers for all payments made out of the institute fund, and he 
shnll render an account of such disbursements, with vouchers for the 
same, to the county board at their regular meeting in September an- 
nually. 

§ 10. The county suiDerintendent shall hold, annually, a teachers' 
institute, continuing in session not less than five days, for the in- 
struction of teachers and those who may desire to teach; and, with 
the concurrence of the State Superintendent of Public Instruction, 
procure such assistance as may be necessary to conduct said institute 
at such time as the schools of the county are generally closed: Pro- 
vided, that two or more adjoining counties m.ay hold an institute 
together. At every such institute, instruction shall be free to such 
as hold certificates good in the county (or counties where two or more 
join to hold an institute) in which the institute is held; but the 
county superintendent shall require all others attending to pay him 
a registration fee of one dollar, except those who have paid him an 
examination fee as required by section 8 of this article, and failed to 
receive a certificate. 

v^ 11. The time, not exceeding three days in any one term, or five 
days in any one school year, during term time, actually spent by a 
teacher of any public school in this State in attendance ujjon a 
teachers' institute, held under the direction of the county superin- 
tendent of schools, shall be considered time lawfully expended by 



58 

such teacher in the service of the district where such teacher is em- 
ployed, and no deduction of wages shall be made for such absences. 
And it shall be the duty of the school officers and l)oards of educa- 
tion to allow teachers to close their schools for such attendance upon 
such institute. 

§ 12. It shall be the duty of every teacher employed in the pub- 
lic schools of the State to see that the school i)roperty of the district, 
placed under his care and control, is not unnesessarily damaged or 
destroyed. And no teacher shall be paid any part of the school 
funds, unless he shall have kept and furnished schedules (when re- 
quired by law) as hereinafter directed, and shall also have satisfac- 
torily accounted for all books, apparatus and other property belong- 
ing to the district, which he may have taken in charge. 

§ 13. Teachers shall keep correct daily regis-ters of their schools, 
which shall exhibit the name, age, and attendance of each pupil, the- 
day of the week, the month and the year. Said registers shall be as 
nearly as may be. in the following form, the absence of each scholar 
being signified by a mark, the presence by a blank, viz. : 

Register of a common school kept by A. B., at in district 

No in township No range of the principal 

meridian, in the county of '. . , in the State of llhnois. 



OClQCiQC OCiOoioClSiQC QClOC OC 

8Bi^l8Bi3el8Bl38^i3Big|S8el 



: 1. 



\y\-^\ 



''-3':^*'^''^'2'^i^!H!'^'^' 



Names and Ages of Scholars Attend- 'r^ 5 

ING S«'HOOL. t • 



■10 

'■■< ]■■< \-< 



Names. 



Ages, -wioii^ 






c_i!c_ijc_, 1^ 



•< \--i !•■< j-^ !v3 :vj ;C2 |-<j ]■< :•< j;: I- '^ S; 



— 1^( tcitci ^s:^^i Ml Ml w w p* "^ i"** I ^ 

_ 1 .- I -,0 I O I — I P-» I l>S 1 0» OS 

; ; i: '! ': i: I: 



xa;iic|ici*-'yi: 



iiii 






John Smith 

Isaac Meisler... 
Sarah Dan forth 
Mary Newman.. 



Grand total No. of days 



i..!U 

1'18 

.164 





Mah^s. 


Females 


Total. 




2 


2 


4 









Average daily attendance. 



Said register shall be furnished to the teacliers by the school di- 
rectors, and each teacher shall, at the end of his term of school, re- 
tarn his register to the clerk of the school board of the district. 
And no teacher shall be paid any part of the public fniuls unless he 
shall have accurately kept and returned the register as aforesaid. 



59 



§ 14. In all districts controlled by a board of directors, teachers 
shall make schedules of the names of all scholars under twenty-one 
(21) years of age attending school, in the form prescribed by this 
act, and when scholars reside in two (2) o^: more districts, townships 
or counties, separate schedules shall be kept for each district, town- 
ship or county. Boards of education may require teachers under 
their control to make schedules as herein directed, or to make state- 
ments certifying: the number of days' attendance for each month, as- 
shown by their registers, which statements shall be certified to by 
the board of education, and be subject to the same requirements con- 
cerning payment of teacher's salary and tiling as those made by this 
act concerning schedules. The schedules to be made and returned 
by the teacher shall be, as near as circumstances will permit, in the 
following form, viz.: 

Schedule of common school kept by at in 

district No , township No , range No of the 

principal meridian, in the county of in the State- 

of Illinois. Names and ages of scholars residing in district No 

in township No north, range west, county,. 

who have attended in my school during the time beginning the 

day of , 18 , and ending the day of , 18 — ,. 

during which time the school was in session school days. 



Names. 


Ages. 


Days 
attended. 


John Smith . 


10 
13 
16 

18 


15- 




11 


Sarah Danforth 


20' 


Mary Newman 


18- 








64= 











Males. 


Females. 

i 


Total. 


Number of scholars 


2 


2 1 
1 


4 






Average daily attendance 


3.2 



And said teacher shall add up the whole number of days' attend- 
ance of each scholar, and make out the grand total number of days' 
attendance. He shall also note the whole number of scholars, giv- 
ing the males and females separately; the average daily attendance, 
and shall set the age of each i^upil opposite the name of such pupil,, 
as in the form above prescribed, and shall attach thereto his certifi- 
cate, which shall be in the following form, viz.: 

I certify that the foregoing schedule of scholars attending my school as 
therein named, and residing as specified in said schedule, to the best of mj 
knowledge and belief, is correct. 

A B , Teacher. 

§ 15. When the teacher shall have completed his or her schedule- 
or schedules as provided in the foregoing section, he or she shall 
deliver it to some one of the directors, who shall, if requested, give- 
the teacher a receipt for the same. And it shall be the duty of the- 



60 

:said director, in connection with at least one other director of the 
board, to carefully examine such schedule or schedules, and after 
• correcting all errors, if any, if they shall find such schedule to have 
been kept according to law, they shall certify to the same as near as 
13racticable, in the following form, viz.: 

State of Illinois, \ „^ 
Countv. J ^^• 



We, the undersigned directors of district No township No. 

, range No , in the county aforesaid, certifj" that we have care- 
fully examined the foregoing schedule and find the same to be correct, and 
that the school was conducted according to law; that the teacher is paid as 

per contract dollars per ; that the sum of dollars 

is now due for services for the month ending ; that 

said teacher has a legal certificate of grade, and that the property 

of said district in charge of such teacher has beeu satisfactorily accounted for. 

Witness our hands this day of , A. D 



Directors. 

§ 16. Teachers' wages are hereby declared due and payable 
monthly, and upon certifying to the schedule or statement, as here- 
inbefore provided for. the directors, or board of education, may at 
once make out and deliver to the teacher an order upon the town- 
ship treasurer for the amount named in the schedule or statement; 
which order shall state the rate at which the teacher is paid accord- 
ing to his contract, the limits of the time for which the order pays, 
and that the directors have duly certified a schedule covering the 
time specified in such order: Provided, that in case said order shall 
be presented to the township treasurer and not paid for want of 
funds, said treasurer shall certify on the back of such order the date 
of presentation as required by section 18 of article IV of this act, 
and thereafter such order shall bear interest at the rate of eight per 
cent, per annum until paid, or until the said treasurer shall notify 
the clerk of the board of directors issuing such order that he has 
funds with which to pay the same. 

§ 17. The school month shall be the same as the calendar month, 
but teachers shall not be required to teach upon Saturdays. Sundays, 
legal holidays, these being New Year's, Fourth of July, Christmas 
and Thanksgiving, and fast days appointed by the national or state 
authority; nor shall they be required to make up the time lost by 
-closing school upon such daj-s or upon such special holidays as may 
-be granted the schools by the board of directors. 



61 
ARTICLE VIII. 

REVENUE-TAXATION. 

1. Power to tax; limitations. j § 8. Certificate o? aiiioinit due each dis- 

2. Certificate of tax levy; time of return; { 

form. I \ 9. Collector to pay township treasurer. 



g 10. Districts lying in two townships. 

§ 11. Penalty for failure to pay. 

g 12. Blank books and notices. 

'i 13. Failure to file certificate does not 
vitiate the assessment. 



I 3. Return of certificate to county clerk; 
map filed. 

I 4. District in two counties. 

g 5. Taxes computed by county clerk. 

\ 6. Assessors to designate the district. 

I 7. County clerk to copy numbers of dis 
tricts; tax to be uniform. 

Section 1. For the purpose of establishing and supporting free 
schools, for not less than five nor more than nine months in each 
year, and defraying all the expenses of the same of every description; 
for the purjDose of repairing and improving school houses, of procur- 
ing furniture, fuel, libraries and apparatus, and for all other neces- 
sary incidental expenses in each district, village or city, anything in 
any special charter to the contrary notwithstanding, the directors of 
such district, and the authorities of such village or city shall be au- 
thorized to levy a tax annually u^Don all the taxable property of the 
district, village or city, not to exceed two per cent, for educational, 
and three per cent, for building purposes (except to pay indebted- 
ness contracted previous to the passage of this act), the valuation to 
be ascertained by the last assessment for State and county taxes. 

§ y. The directors of each district shall ascertain, as near as prac- 
ticable, annually, how much money must be raised by special tax for 
school purposes during the ensuing year, which amount shall be cer- 
tified and returned to the township treasurer on or before the first 
Tuesday in August, annually. The certificate of the directors may 
be in the following form, viz.: 

We hereby certify that we require the sum of dollars, to be 

levied as a special tax for school purposes, and dollars for build- 
ing purposes, on the taxable property of our district, for the year A. 

Given under our hands this day of .A. D 

A. B,, 1 Directors district No township- 

CD., } No , rang'e No , county 

E. F., I of , State of Illinois. 

§ 3. It shall be the duty of township treasurer to return the cer- 
tificate mentioned in the foregoing section to the county clerk, on or 
before the second Monday of August, and whenever the boundaries 
of the districts of the townships shall have been changed, the town- 
ship treasurer shall return to the county clerk, with the certificates, 
a map of the townshij), showing such changes, and certified as re- 
quired by the provisions of this act. 



62 

§ 4. When a district lies partly in two or more counties, the 
'directors thereof shall ascertain as nearly as practicable the amount 
to be raised by special tax for school jDurposes, and shall prepare one 
-certificate thereof for each county in which such district may lie, 
..and deliver all of the said certificates to the township treasurer, who 
receives the tax money of such district, wdio shall return one each of 
such certificates to the county clerk of each county within which 
such district shall lie. On the first Monday of October, or as soon 
thereafter as may be practicable, annually, the county clerk of each 
of such counties shall ascertain the total equalized valuation of all 
the taxable property in that part of such district as shall lie in his 
county, and certify the amount thereof to the county clerk of each 
of the other counties in which such district may lie; and from the 
aggregate of such equalized valuation and from the certificate of the 
amount so required to be levied, such clerk shall ascertain the rate 
per cent, required to produce in such district the amount of such 
levy, and at that rate shall extend the special tax to be levied for 
school purposes in that part of such district lyin^ in their respective 
counties. [As amended by act approved June 17, 1891. 

§ 5. According to the amount certified, as aforesaid, the county 
clerk, when making out the tax books for the collector, shall compute 
each taxable person's tax, in said district, upon the total amount of 
taxable property, as equalized by the State Board of Equalization 
for that year, lying and being in said district, w^hether belonging to 
residents or non-residents, and also each and every tract of land 
assessed by the assessor, which lies, or the largest part of w^hich lies, 
in said district. The said county clerk shall cause each person's tax. 
so computed, to be set upon the tax book to be delivered to the col- 
lector for that year, in a separate column, against each taxpayer's 
name or parcel of taxable property, as it appears in said collector's 
books, to be collected in the same manner and at the same time and 
by the same persons as State and county taxes are collected. 

§ 6. It shall be the duty of assessors, wdien making assessments 
of personal property, to designate the number of the school district 
-in which each person so assessed resides; which designation shall be 
made by writing the number of such district opposite each person's 
assessment of personal property, in a column provided for that 
purpose, in the assessment roll returned by the assessor to the 
county clerk. 

§ 7. It shall be the duty of the count}^ clerk to copy said num- 
bers of school districts, so returned by the assessor, into the collect- 
or's book and to extend the school tax on each person's assessment 
of personal property, according to the rate required by the amount 
designated by the directors of the school district in which such 
person resides. The computations of each person's tax and the levy 
made by the clerk, as aforesaid, shall be final and conclusive: Pro- 
vided, the rate shall be uniform and shall not exceed that required 
by the amount certified by the board of directors. 

§ 8. The county clerk before delivering the tax book to the col- 
lector, shall make out and send by mail, to each township treasurer 



m 

in the county, a certificate of the amount due each district or fraction 
•of a district in his township, of said tax so levied and placed upon 
the tax books. 

i^ 9. On or before the first day of April next, after the delivery of 
the tax books containing the computation and levy of the said taxes, 
•or so soon thereafter as the township treasurer shall present the said 
certificate of the amount of the said tax, and make a demand therefor, 
the said collector shall pay to said township treasurer the full 
amount of said tax so certified by the county clerk, or in case any 
[)art thereof remains uncollected, said collector shall, in addition to 
the amount collected, deliver to said township treasurer a statement 
of the uncollected taxes for each district of such township, taking of 
the township treasurer his receipt therefor, which receipt shall be 
evidence as well in favor of the collector as against the township 
treasurer. The said treasurer shall enter the amount collected in his 
books under the proper heads, and pay the same out as provided for 
by this act. 

§ 10. When a district is composed of parts of two or more town- 
ships, the directors shall determine and inform the collectors of said 
townships, and the collector or collectors of the county or counties, 
in which said townships lie, in writing, under their hands as directors, 
which of the treasurers of the townships, from which their district is 
formed, shall demand and receive the tax money collected by the said 
collectors as aforesaid. 

§ 11. If any collectors shall fail to pay the amount of said tax, or 
any part thereof, as required b}^ the provisions of section nine (9) 
of this article, of this act, it shall be competent for the towmship 
treasurer, or other authorized person, to proceed against said col- 
lector and his securities in any action of debt upon his official l)ond. 
in any court of competent jurisdiction. And the said collector so in 
default shall pay twelve per centum upon the amount due. to be 
assessed as damages, which shall be included in the judgment ren- 
flered against him: P/'o/^/r/^^^/, no collector shall be liable for such 
part of said tax as he shall be able to make ax3pear he could not have 
collected by law, until he has collected or may be able to so collect 
such amount. 

§ 12. It is hereby made the duty of the proper officers in prepar- 
ing blank books and notices for the use of assessors to provide 
columns and blanks for the use of assessors, so that they may desig- 
nate the number of the school district, as provided for in section six 
(6) of this article of this act. 

§ IB. A failure by the directors to file their certificates, or of the 
township treasurer to return the same to the county clerk in the 
time required by this act. shall not vitiate the assessment, but the 
.same shall be as legal and valid as if completed in the time required 
by law. 



64 

Article IX. 

BONDS. 

^L Vote necessary to borrow money; limit g 5. Jiidy-es. 

of sum borrowed. v ^ t^ i, , , . , . „ 

i 6. Poll book i-eturned; penalty for failure- 
I 2. Registry of bonds. to return poll book. 

§ 3. Money paid into school treasury of §7. Refunding- school district bonds, 
township; cancellation of bonds. 

g 4. Election for borrowing money; form of 
notice. 

Section 1. For the imrpose of building school houses or pur- 
chasing school sites, or for repairing and improving the same, the 
directors of any school district, when authorized by a majority of all 
the votes cast at an election called for that purpose, may borrow 
money, issuing bonds signed by not less than two members of said 
board of directors, in sums of not less than one hundred dollars 
($100), and bearing interest at a rate not exceeding eight per centum 
13er annum:* Provided, that the sum borrowed in any one year shall 
not exceed five per cent, (including exisiting indebtedness) of the 
taxable property of the district, to be ascertained by the last assess- 
ment for State and county taxes previous to the incurring of such 
indebtedness. 

§ 2. All bonds authorized to be issued by virtue of the foregoing- 
section before being so issued, negotiated and sold, shall be regis- 
tered, numbered and countersigned by the school treasurer of the 
township wherein the school house of such district is, or is to be lo- 
cated. Such register shall be made in a "bond register" book to be 
kept for that purpose, and in this register shall first be entered the 
record of the election authorizing the directors to borrow money, and 
then a description of the bonds issued by virtue of such authority as 
to number, date, to whom issued, amount, rate of interest and when 
due. 

§ 3. All moneys borrowed under the authority granted by this- 
article of this act, shall be paid into the school treasury of the town- 
ship wherein the bonds issued therefor are required to be registered, 
and, upon receiving such moneys, the treasurer shall deliver such 
bond or bonds issued therefor to the parties entitled to receive the- 
same, and shall credit the funds received to the district issuing the 
bonds. The treasurer of said township shall enter in the said "bond 
register" the exact amount received for each and every bond issued. 
And when any such bonds are paid, the said township treasurer shall 
cancel the same and shall enter in the said "bond register." against 
the record of such bonds, the words, "paid and cancelled the ........ 

day of A. D ," filling the blanks with the day, 

month and year corresponding with the date of such payment. 

§ 4. Whenever it is desired to hold an election for the purpose of 
borrowing money, as provided for in this article of this act, the di- 
rectors of the district in which such election is to be held, shall give 



7 per cent, is the highest rate allowed by law on loans made on or after July 1, 1891. 



65 

at least ten days' notice of the holding of such election, by posting 
notices in at least three of the most public places in such district. 
Such notices shall specify the place where such election is to be held, 
the time of opening and closing the polls, and the question or propo- 
sition to be voted upon, which notice may be substantially in the 
following form, viz.: 

NOTICE OF ELECTION. 

Public notice is hereby g:iven that on the day of , 

A. D , an election will be held at school district 

No , in township No , range No , of the principal meridian 

in county, Illinois, for the purpose of voting "For" or 

"Against" the proposition to issue the bonds of said school district No 

to the amount of dollars due (here insert the times 

of payment, giving the amount falling due each year, if the bonds mature at 

different dates), which bonds are to bear interest at the rate of percent. 

per annum, payable annually. 

The polls of said election will be opened at o'clock M., and wil] re- 
main open until o'clock M. 

Dated this day of " , A. D . . . . 

A. B., 
C. D., 
E.F., 

Dh'ectors. 

§ 5. At such election two of the directors of such district shall 
act as judges and one of said directors shall act as clerk. In case 
either or any of said directors shall fail, from any cause, to be pres- 
ent or to act at such election, at the time of opening the polls there- 
of, the legal voters assembled shall choose, from their number, per- 
*sons to act as such two judges, and a clerk of said election. The said 
judges and the said clerk shall take and subscribe the oath required 
of judges and clerks of an election held for State or county officers, 
and such oath may be administered in the same manner as is or may 
be provided by law for administering the oath to judges and clerks 
at a State or county election. At such election all votes shall be by 
ballot. In districts wdiich have adopted the provisions of "An act 
regulating the holding of elections, and declaring the result thereof 
in cities, villages and incorporated towns in this State," approved 
June 19, 1885, the said election shall be held under the provisions of 
said act. 

§ 6. Within ten days after every such election, the judges shall 
cause the poll-book to be returned to the township treasurer, who is 
required to register such bonds, with a certificate thereon showing 
the result of such election, which poll-book shall be filed and safely 
kept by the said township treasurer, and shall be evidence of such 
election. For a failure to return such poll-book to such treasurer 
within the time prescribed, the judges of said election shall severally 
be liable to a penalty of not less than twenty-five dollars ($25) nor more 
than one hundred dollars ($100) , to be recovered in a suit in the 
name of the People of the State of Illinois, before any justice of the 
peace, and, when collected, shall be added to the township school 
fund of the township in which said treasurer resides. 



66 

§ 7. In all cases where any school district has heretofore issued 
or may hereafter issue bonds, or other evidences of indebtedness, for 
money on account of any public school building or other public im- 
provement, or for any other purposes which are now binding and 
subsisting legal obligations against said school district, and remain- 
ing outstanding, and which are pro^Derly authorized by law, the 
proper authorities of such school district may. upon the surrender 
of any such bonds or other evidences of indebtedness, or any num- 
ber thereof, issue in jDlace or in lieu thereof, or to take up the same, 
to the holders or owners of the same, or to other persons for money 
with which to take u^) the same, new bonds or other evidences of in- 
debtedness, in such form, for such amount, upon such time, not ex- 
ceeding the term of twent}^ (20) years, and drawing such rate of 
interest not exceeding eight (8) per centum per annum,* as may be 
determined upon; and such new bonds or other evidences of indebt- 
ness so issued shall show, on their face, that they are issued under 
this act: Provided, that the issue of such new bonds in lieu of such 
indebtedness shall first be authorized by a vote of the legal voters of 
such school district voting at an election called and conducted as other 
elections provided for by this article of this act: And, provided 
further, that such bonds or other evidences of indebtedness shall not 
l:e issued so as to increase the aggregate indebtedness of such school 
district beyond five (5) per centum on the value of the taxable 
property" therein, to be ascertained by the last assessment for State 
and county taxes prior to the issuing of such bonds or other evi- 
dences of indebtedness. 



Aeticle X. 



of disti-icts; to extend tax and to 
send certificate of amount due each 
district, etc. 

6. To certify to bills of county superin- 

tendents, and to transmit them to 
State Auditor. 

7. To record land sales reported by county 

superintendent. 



COUNTY CLERK. 

I 1. To furnish to county superintendent a [ § 5. To compute tax: to copy the numbers 
list of trustees elected. 

?. 2. To file papers relating to changes in 
district boundaries; penalty for fail- 
ure to do so. 

f. 3. To furnish certificate of equalized 
value of taxable property in case of 
district in two counties. 

^ 4. To furnish certificate of equalized 
value of taxable property to any dis- 
trict. 

Section 1. In all cases where, by any provision of laws, the 
returns of any election for school trustees are made to the county 
clerk of any county, it shall be the duty of the county clerk, within 
ten days after such returns have been made to him as aforesaid, to 
furnish to the county superintendent of schools a list of all such 
trustees so returned to him, and the township from which the same 
have been so returned. 



per cent, is the highest rate allowed by law on loans made on or after July 1, 1891. 



67 

§ 2. Whenever any change shall be made in the boundaries of 
any school district, and a written statement or record of such change 
shall be delivered to the county clerk of such county, it shall be the 
'duty of said county clerk to file such statement or record and all 
papers relating thereto and duly record the same in the records of 
his office ; and in case of neglect or failure so to do, the said county 
olerk shall be liable to a penalty of twenty-five dollars ($25), to be 
recovered by an action of debt before any justice of the peace, at 
the suit of the county superintendent, for the benefit of the school 
fund of the said county. 

§ 3. Whenever any school district lies i^artly in two or more 
counties, it shall be the duty of the county clerk of each county in 
which any part of such district lies to furnish, upon request, to the 
• directors of such district a certificate showing the last ascertained 
equalized value of the taxable property in that part of such district 
lying in such county. 

§ 4. It shall be the duty of the county clerk to furnish to the di- 
rectors of any school district, or to the board of education in dis- 
tricts having a board of education, upon request, a certificate show- 
ing the last ascertained equalized value of the taxable property of 
;such district, as the same appears of record in his office. 

§ 5. It shall be the duty of the county clerk, when making out 
•the tax books for the collector, to compute each taxable jjerson's tax 
in each school district, upon the total amount of taxable property, as 
equalized by the State Board of Equalization for that year, Ij'ing 
and being in such district, whether belonging to residents or non- 
residents, and also each and every tract of land assessed by the as- 
sessor which lies, or the largest part of which lies, in such district. 
Such computation shall be made so as to realize the amount of 
money required to be raised in such district, as shown and set forth 
in the certificate of tax levy, made out by the directors of such dis- 
trict, and filed with the township treasurer, as required by the pro- 
v^isions of this act. The said county clerk shall cause each person's 
tax, so computed, to be set upon the tax book to be delivered to the 
•collector for that year, in a separate column against each tax payer's 
name, or parcel of taxable property, as it appears in said collector's 
books, to be collected in the same manner, and at the same time, and 
by the same person, as State and county taxes are collected. In 
making up the tax books to be delivered to the collectors of taxes, 
the county clerk shall copy into such tax books the number of the 
•school district set opposite to each person's assessment of personal 
proi^erty by the assessor making Ihe assessment of such person, and 
to extend the school tax on each person's assessment of personal 
property, according to the rate required by the amount designated 
by the directors of the school district in which such person resides, 
as shown by said certificate of tax levy. The computation of each 
person's tax and the levy made by the clerk, as aforesaid, shall be 
final and conclusive: Provided, that the rate shall be uniform, and 
shall not exceed that required by the amount certified by the board 
of directors. The said county clerk, before delivering the tax book 
io the collector, shall make out and send by mail to each township 



68 

treasurer of the county a certificate of the amount due each district, 
or fraction of a district, in his township, of said tax so levied and 
placed ui3on the tax books. 

§ 6. Whenever the county board of any county shall have audited 
the itemized bills of the county superintendents of schools or their 
assistants, as required by the provisions of this act, it shall be the 
duty of the county clerk of such county to certify to such act, and 
transmit the said bills to the Auditor of Public Accounts, who shall, 
upon the receipt of them, remit, in payment thereof to each superin- 
tendent, his warrant upon the State Treasurer for the amount certi- 
fied to be due him; and the Auditor, in making his warrant to any 
county for the amount due from the State school fund, shall deduct 
from it the several amounts for which warrants have been issued to 
the county superintendent of said county since the next preceding 
apportionment of the State school fund. 

§ 7. The county clerk of each county shall preserve and record 
in a well-bound book to be kept for that purpose, the report of the 
county superintendent, made to the county board at the first regular 
term of such board in each year, relating to the sale of school lands, 
the amount of money received, paid, loaned out and on hand, be- 
longing to each township fund in his control, and the statement 
copied from the loan book of such county superintendent, showing 
all the facts in regard to loans, which are required to be stated on the 
loan book. 



Article XL 

COUNTY BOARD. 
§ 1. Powers of the county board deflued. j g 3. Statement of land sales by the county 
g 2. Duties of the county board defined. 1 

Section 1. The county board of each county of this State shall 
have power — 

First — To approve the bond of the county superintendent of 
schools. 

Second — To increase the penalty of the bond of the county super- 
intendent of schools beyond twelve thousand dollars ($12,000) if, in 
the discretion of said county board, such bond should be so in- 
creased. 

Third — To remove the county superintendent of schools from 
office for any palpable violation of law or omission of duty.* 

Fourth — To require the county superintendent of schools, after 
notice given, to execute a new bond, conditioned and approved as the 
first bond, w^henever in the discretion of the county board such new 
bond is necessary: Provided, however, that the execution of such 
new bond shall not affect the old bond or the liability of the security 
thereof. 



This grant of power is not annulled by the repeal of section 7, article II. 



69 

Fifth — To require the county superintendent of schools to make 
the reports to such board provided for by law, and to remove him 
from office in case of neglect or refusal so to do. 

Sixth — In counties having not more than one hundred (100) 
schools, the board may limit the time of the superintendent of 
schools: Provided, that in the counties having not more than fifty 
(50) schools the limit of time shall not be less than one hundred and 
fifty (150) days a year; in counties having from fifty-one (51) to 
seventy-five (75) schools, not less than two hundred (200) days a 
year; and in counties having from seventy-six (76) to one hundred 
(100) schools, not less than two hundred and fifty (250) days. 

Seventh — Said county board shall authorize the county superin- 
tendent of schools to employ such assistants as he needs for the full 
discharge of his duties, and said county board shall fix the compen- 
sation to be paid therefor, which compensation shall be paid out of 
the county treasury. 

2. It shall be the duty of the county board of each county of 
this State — 

First — To provide for the county superintendent of schools a suit- 
able office with necessary furniture and office supplies, as is done in 
the case of other county officers. 

Second — When the office of county superintendent of schools shall 
become vacant by death, resignation, removal or otherwise, to fill the 
same by appointment. And the person so appointed shall hold his 
office until the next election of county officers, at which election the 
said board shall order the election of a successor. 

Third — To examine and approve or reject the report of the county 
superintendent of schools made to such board, and the notes and se- 
curities taken by such superintendent for school funds. 

Fourth — At the regular meeting in September, and as near quar- 
terly thereafter, as such board may have regular or special meetings, 
to audit the itemized bills of the county superintendent, and of his 
assistants, for their per diem compensation and expenses allowed by 
law for visiting schools. 

§ 3. At the first regular term of the county board, in each year, 
the county superintendent shall present to the county board of his 
county — 

First — A statement showing the sales of school lands made subse- 
quent to the first regular term of the iDrevious year, which shall be a 
true copy of the sale book (book B). 

Second — Statements of the amount of money received, paid, loaned 
out and in hand, belonging to each township or fund under his control, 
the statement of each fund to be separate. 

TJtird — Statements copied from his loan book (book C) , showing 
all the facts in regard to loans which are required to be stated on the 
loan book. 

All of which the county board shall thereupon examine and com- 
pare with the vouchers, and the said county board, or so many of 



70 

them as may be present at the meeting of the board, shall be liable- 
individually to the fund injured and to the securities of_ the county- 
superintendent, in case judgment be recovered of the said securities, 
for all damages occasioned by a neglect of the duties, or any of them, 
required of said board by this section: Provided, nothing herein 
contained shall be construed to exempt the securities of said county 
superintendent from any liability as such securities, but they shall 
still be liable to the fund injured the same as if the members of the- 
countv board were not liable to them for neglect of their duty. 



Article XII. 



§ 1. To consist of a two-mill tax; interest 
of school fund proper and of sur- 
plus revenue. 



SCHOOL FUNDS. 

§ 6. Proceeds of the sale of sixteenth sec- 
tion, etc., constitute principal of 
township fund, etc.; interest dis- 
tributed. 

§ 7. Moneys paid out upon orders. 

§ 8. Formof orders; filing of orders. 

§ 9. Union districts; receipts to betaken.. 

§ 10. Loans in districts under a si^ecial"! 
charter. 



^ 2. State to pay interest. 

§ 3. Dividend to counties made by State 

Auditor. 
g 4. Warrants issued by the State Auditor, 

and received from the collectors by 

State Treasurers. 

g 5. County superintendent to proceed 
against collector on his refusal to 
pay. 

Section 1. The common school fund of this State shall consist 
of the proceeds of a two-mill tax to be levied upon each dollar's val- 
uation of the propertv in the State, annually, until otherwise pro- 
vided bylaw; the interest on which is known as the school fund 
proper being three per cent, upon the proceeds of the sales of the^ 
public lands in the State, one-sixth part excepted, and the interest- 
on what is known as the surplus revenue, distributed by act ot con- 
gress and made a part of the common school fund by act of the Leg- 
islature, March 4, 1837. 

§ 2. The State shall pay the interest mentioned in the preceding 
section at the rate of six per cent, per annum, annually, to be paid 
into, and become a part of, said school fund. 

S3 On the first Monday in January in each and every year next 
after taking the census of the State, by federal or State authority, 
the Auditor of Public Accounts shall ascertain the number of chil- 
dren in each county in the State, under twenty-one years of age. and 
shall thereupon make a dividend to each county of the sum from the 
tax levied and collected under the provisions of the first section ot 
this article of this act, and of the interest due on the school fund 
proper and surplus revenue, in proportion to the number ot children 
in each county under the age aforesaid, and issue his warrant to the 
superintendent of schools of each county upon the collector thereot. 
Upon presentation of said warrant by the county superintendent to 
the collector of his county, said collector or the treasurer shall pa^r 
over to the county superintendent the amount of said warrant out ot 



71 

the first funds which may be collected by him and not otherwise ap- 
propriated by law, taking said superintendent's receipt therefor. 

§ 1. The said warrants issued by the Auditor of Public Accounts 
for the school fund tax, and for the interest of the school fund proper 
and surplus revenue, shall be received by the State Treasurer in pay- 
ment of amounts due the State from county collectors; and on pre- 
sentation by the State Treasurer of said warrants to said Auditor, he 
shall issue his warrant to said treasurer of the school fund, for the 
amount of the school fund tax warrants, and on the revenue fund for 
the amount of the warrants for interest on the school fund proper 
and surplus revenue. Dividends shall be made as aforesaid, accord- 
ing to the proportions ascertained to be due to each county annually, 
thereafter, until another census shall have been taken, and then 
dividends shall be made and continued as aforesaid, according to the 
last census. 

§ 5. If any collector shall fail or refuse to pay the amount of the 
aforesaid Auditor's warrant, or any part thereof, by the first day of 
March, annually, or as soon thereafter as it may be presented, it shall 
be competent for the county superintendent to proceed against said 
collector and his securities in an action of debt, in any court having 
competent jurisdiction, and the said collector shall pay interest at 
the rate of twelve per centum per annum, to be assessed as damages 
upon the amount due, and which interest shall be included in the 
judgment obtained against him: Provided, that it it satisfactorily 
appears to the court that on said first day of March, or on the day of 
presentation for payment thereafter, that said collector had not, as 
yet, collected funds sufficient to pay said warrant, said interest shall 
not be allowed upon said warrant. 

§ 6. All bonds, notes, mortgages, moneys and effects which have 
heretofore accrued or may hereafter accrue from the sale of the six- 
teenth section of the common school lands of any township or county, 
or from the sale of any real estate or other property taken on any 
judgment or for any debt due to the principal of any township or 
county fund, and all other funds of every description which have 
been or may hereafter be carried to and made part of the principal of 
any township or county fund, by any law which has heretofore been, 
is now or may hereafter be enacted, are hereby declared to be and 
shall forever constitute the principal of the township or county fund, 
respectively; and no part thereof shall ever be distributed or ex- 
pended for any purpose whatever, but the same shall be loaned out 
and held to use. rent or profit, as provided by law. But the interest, 
rents, issues and profits, arising and accruing from the principal of 
said township or county fund, shall be distributed in the manner and 
at the times as provided by this act; nor shall any part of such inter- 
est, rerxts, issues and profits be carried to the principal of the respect- 
ive funds, except it appear on the first Monday in October in any 
year, that there is rent, interest or other funds on hand which are 
not required for distribution, such amount not required, as aforesaid, 
may, if the board of trustees see proper, forever be considered as 
l^rincipal in the funds to which it belongs and loaned as such. 



72 

§ 7. School funds collected from special taxes, levied by order of 
school directors, or from the sale of property belonging to any dis- 
trict, shall be paid out only on the order of the proper board of 
directors; and all other moneys or school funds liable to distribution, 
paid into the township treasury, or coming into the hands of the 
township treasurer, shall, after said funds have been apportioned by 
the township trustees, as required in section 26 of article III of this 
act, be paid out onlj^ on the order of the proper board of directors, 
signed bj" the XDresident and clerk of said board, or by a majority of 
said board. For all j)ayments made, receipts shall be taken and filed 
by said board of directors. 

§ 8. In all such orders shall be stated the purpose for which or 
on what account drawn. Said orders may be in the following form, 
viz. : 

The treasurer of township No , range No , in county, 

will pay to or order, dollars and cents (on his con- 
tract for repairing- school house, or whatever the case may be.) 

By order of the board of directors of school district No , in said town- 
ship. 

A. B., President. 
C. I)., Clerl-. 

Which order, together with the receipt of the person .to whom 
paid, shall be filed in the office of the township treasurer: Provided, 
that when an order is paid in full, such order, if properly endorsed 
by the xoerson in whose favor it was drawn, and his assigns, if any, 
shall be a sufficient receipt for the puri3oses of this section. 

§ 9. When a district is composed of parts of two or more town- 
ships, the township treasurer or treasurers who do not receive the 
tax money of said district, shall, when they hold any funds belonging 
to said district, notify the directors thereof of the amount of such 
funds, and the directors shall thereupon give the treasurer who re- 
ceives the tax money of said district an order for such funds, and 
upon receipt thereof he shall hold them, to be paid out as aforesaid. 

§ 10. In all cases where school funds are held by any person or 
persons in an official capacity, by virtue of any special charter 
defining the manner of loaning the same, such money may be loaned 
upon the same terms and conditions as are provided by this act. or 
may hereafter be provided, by the school laws of this State, for 
loaning the schoool funds of counties or townships. 



73 
Article XIII. 



I. 

- 2. 

I 3. 
l 4. 

I 5. 



■I 8. 

I 9. 

I 10. 

rii. 

? 12. 

\ 13. 

; 14. 



feection sixteen. 

Business relating: to school lands 
where transacted. 

Renting' and sale of school lands. 



Right of way and depot grounds for 
use of railroads. 



SCHOOL LANDS. 

I 15. Place of sale. 

\ 16. Termsof sale; amount of bid borrowed. 

§ 17. Manner of sale. 

I 18. Payment; land resold; suit instituted. 

? 19. Unsold laud afterwards subject to sale. 



Trespass on school land; penalty. 

Trespasser liable to indictment. 

Penalties and fines to be paid to town- 
ship treasurer. 

Petition for sale. 

Fractional township. 

Divided into lots by trustees. 

Making- of a plat. 

Size of lots, roads and streets. 

Valuation plats and certificate given 
to county superintendent. 

Advertising the sale: form of notice. I 



\ 20. Re-valuation of unsold land; no peti- 
tion required. 

"i 21. Certificate of purchase. 

\ 22. Statement of sales by county superin- 
tendent. 

§ 23. Transcript sent to Auditor. 

§ 24. Patents; certificates of sale; evidence 
of sale. 

1 25. Duplicates of certificates of purchase. 

\ 26. Real estate taken for debt, sold by 
county superintendent. 

\ 27. Trustees may dedicate land for streets. 



Section 1. Section number sixteen (16) in every township 
■granted to the State by the United States for the use of schools, and 
such sections and parts of section as have been or may be granted, as 
aforesaid, in lieu of all or part of section number sixteen (16) , and 
also the lands which have been or may be selected and granted as 
aforesaid, for the use of schools, to the inhabitants of fractional 
townships in which there is no section number sixteen (16), or 
where such section shall not contain the proper proportion for the 
use of schools in such fractional township, shall be held as common 
school lands; and the provisions of this act referring to common 
school lands shall be deemed to apply to the lands aforesaid. 

§ 2, All the business of such townships, so far as relates to com- 
mon school lands, shall be transacted in that county which contains 
all or a greater portion of said lands. 

§ H. It shall be lawful for the trustees of schools in townships in 
which section number sixteen (16), or any other lands granted in 
lieu thereof, remain unsold or which has title to any other school 
lands whatsoever, to rent or lease the same for an annual rent to be 
paid in money to the treasurer, by a written contract made by the 
president and clerk, under the direction of the board, with lessee or 
lessees, which contract shall be filed with the records of the board, 
and a copy of the same transmitted to the county superintendent. 
In case of any default in the payment of the rent, the said board of 
trustees shall at once proceed to collect the same by distress, or 
otherwise, as may be provided by law for the collection of rents by 
landlords. No lease taken under the provisions of this act, shall be 



74 

for a longer period than five years, excei^t where such lands are^ 
leased for the purpose of having jjermanent improvements made^ 
thereon, as may be the case in cities and villages: Provided, that 
the ]orovisions of this section shall not apply to cities having a i3op- 
ulation of over one hundred thousand (100,000) inhabitants. 

§ 4. The trustees of schools of any township concerned, are 
hereby authorized and empowered in their corporate capacity, to sell 
and convey to any railroad company which may construct a railroad 
across any of the public school lands of such township, the right of 
way and necessary depot grounds. All moneys received by such 
trustees for any right of way or depot grounds so sold, shall be turned 
over by such trustees to the township treasurer of the township for 
the benefit of the township school fund. 

§ 5. If any person shall, without being duly authorized, cut, fell, 
box, bore, destroy or carry away any tree, sapling or log standing or 
being upon any school lands, such person shall forfeit and pay, for 
every tree, sapling or log so felled, boxed, bored, destroyed or carried 
away, the sum of eight dollars (S3) . which penalty shall be recovered 
with cosis of suit, by an action of debt or assumpsit, before any 
justice of the peace having jurisdiction of the amount claimed, or 
in the county or circuit court, either in the corporate name of the 
board of trustees of the township to which the land belongs, or by 
qui tarn action in the name of any person who will first sue for the 
same, one-half of the judgment for the use of the person suing and 
the other half for the use of the township aforesaid. When two or 
more persons shall be concerned in the same trespass, they shall be 
jointly and severally liable for the penalty herein imposed. 

§ 6. Every trespasser upon common school lands, shall be liable 
to indictment, and upon conviction shall be fined in three times the 
amount of the injury occasioned by said trespass, and shall stand 
committed as in other cases of misdemeanor. 

§ 7. All penalties and fines collected under the provisions of the 
foregoing sections shall be paid to the township treasurer, and be 
added to the principal of the township fund. 

§ 8. When the inhabitants of any township or fractional town- 
ship shall desire the sale of the common school lands of the town- 
ship or fractional township, they shall present a petition to the county 
sui3erintendent of the county in which the school lands of the town- 
ship, or the greater part thereof, lie, for the sale thereof; which peti- 
tion shall be signed by at least two-thirds of the legal voters of the 
township, or fractional township. The signing of the petition must be 
done in the presence of two adult citizens of the township, after the true 
meaning and purpose thereof have been explained; and. when signed, 
an affidavit must be affixed thereto by the two citizens witnessing the 
signing, in the manner aforesaid, which affidavit shall state the num- 
ber of inhabitants in the township, or fractional township, of and 
over twenty-one years of age. and said petition, so proved, shall be 
delivered to the county superintendent for his action thereon: Pro- 
vided, no whole section shall be sold in any township containing less 
than two hundred inhabitants; and common school lands in frac- 



' 75 

tional townships may be sold when the number of inhabitants and 
the number of acres are in the ratio of two hundred to six hundred 
and forty, but not before. 

§ 9. Any fractional township not having the requisite number of 
inhabitants to petition for the sale of the school lands therein, as 
provided in section 8 of this article of this act, which has not here- 
tofore been united with any other township, for school purposes, and 
which does not contain a sufficient number of inhabitants to main- 
tain a free school, is hereby attached to the adjacent congressional 
township having the longest territorial line bordering on such frac- 
tional township, for school pur^ooses, and all the provisions of this 
act shall apply to such united townships, the same as though they 
were one and the same township. 

§ 10. When the petition and affidavits are delivered to the county 
superintendent, as aforesaid, he shall notify the trustees of said 
townshij) thereof, and said trustees shall immediately proceed to di- 
vide the land into tracts or lots, of such form and quantity as will 
produce the largest amount of money. 

§ 11. After making the division required by the foregoing sec- 
tion, said trustees shall cause a correct plat of the same to be made, 
representing all divisions, with each lot numbered and defined, so 
that its boundaries may be forever ascertained. 

§ 12. In subdividing said common school lands for sale, no lot 
shall contain more than 80 acres, and the division may be made into 
town or village lots, with roads, streets or alleys between them and 
through the same; and all such divisions, with all similar divisions, 
hereafter made, are hereby declared legal, and all such roads, streets 
and alleys, public highways. 

§ 13. After such division into lots has been made and platted, 
the trustees of schools shall fix a value on each lot, having regard to 
the terms of sale, certify to the correctness of the plat, stating the 
value of each lot per acre, or per lot if less than one acre, and re- 
ferring to and describing the lot in the certificate, so as fully and 
clearly to distinguish, and identify each lot; which plats and certifi- 
cate shall be delivered to the county superintendent, and shall gov- 
ern him in advertising and selling such lands. 

§ 11. Upon the reception by the county superintendent of the 
plat and certificate of valuation from the trustees, he shall proceed 
to advertise the said land for sale in lots, as divided and laid 
off by said trustees, by posting notices thereof in at least six (6) 
public places in the county, forty days before the day of sale, de- 
scribing the land and stating the time, place and terms of sale; and 
if any newspaper is published in said county, said advertisement 
shall be printed therein for four weeks before the day of sale; if no 
newspaper is published in said county, then such land may be sold 
under the notice aforesaid, which notice may be in the following 
form, viz.: 



76 

SALE OF SCHOOL LAND. 

Public notice is hereby given that on the day of , 

A. D. 18 , between the hours of 10 o'clock a. m. and 6 o'clock p. m., the 

undersigned superintendent of schools of county, will sell 

at public vendue to the highest bidder, at the door of the court 

house in , (or on the premises) the following described real 

estate, fhe same being a part of the school lands of township No , range 

No. , as divided and platted by the trustees of schools of said township, 

to-wit: (Here insert full and complete description of said premises.) Said 
lands will be sold for cash in hand, with the privilege to any purchaser of 
borrowing from the undersigned, the whole or any part of the amount of his 
bid, for not less than one nor more than five years, upon his paying interest 
and giving security, as required in case of a loan obtained from the township 
school fund. 

Dated this day of , A. D 

County Superintendent , 
County. 

§ 15. The place of selling common school lands shall be at the 
court house of the county in which the lands are situated; or the 
trustees of schools may direct the sale to be made on the premises. 

§ 16. The terms of selling common school lands shall be to the 
highest bidder for cash, with the privilege to each purchaser of bor- 
rowing from the county superintendent the amount or any part of 
the amount of his bid, for any period of not less than one year nor 
more than five years, upon his paying interest and giving security, 
as in case of money loaned by a township treasurer as provided in 
this act. 

§ 17. Upon the day appointed for such sale, the county superin- 
tendent shall proceed to make sales as follows, viz.: He shall begin 
at the lowest numbered lot and proceed regularly to the highest num- 
bered, till all are sold or offered. No lot shall be sold for less than 
its valuation' by the trustees. Said sale shall be made between the 
hours of 10 o'clock a. m. and 6 o'clock p. m., and may continue from 
day to day. The lots shall be cried separately, and each lot cried 
long enough to enable any person present to bid who desires to 
bid. 

§ 18. Upon closing the sales each day, the purchasers shall each 
pay, or secure the payment of the purchase money, according to the 
terms of sale; or in case of his failure to do so by 10 o'clock the suc- 
ceeding day, the lot purchased shall again be offered at public sale, 
on the same terms as before, and if the valuation or more shall be 
bid, shall be stricken off; but if the valuation be not bid, the lot shall 
be set down as not sold. If the sale is or is not made, the former 
purchaser shall be required to pay the difference between his bid and 
the valuation of the lot, and in case of his failing to make such pay- 
ment, the county superintendent may forthwith institute an action 
of debt or assumpsit in his name, as superintendent, for the use of 
the inhabitants of the township where the land lies, for the required 
sum; and upon making proof, shall be entitled to judgment, with 
costs of suit; which, when collected, shall be added to the principal 



77 

of the township fund. If the sum claimed does not exceed two hun- 
dred dolhirs, the suit may be commenced before a justice of the peace; 
if the sum demanded exceeds two hundred dollars, then suit may be 
brought in the circuit court of any county wherein the party may be 
found. 

§ 19. All lands not sold at public sale, as herein provided for, shall 
be subject to sale at any time thereafter, at the valuation; and the 
county superintendents are authorized and required, when in their 
power, to sell all such lands at private sale, upon the terms at which 
they were offered at iDublic sale, 

§ 20. In all cases where common school lands have been hereto- 
fore valued, and have remained unsold for two years, after having 
been offered for sale, or shall hereafter remain unsold for that length 
of time, after being valued and offered for sale, in conformity to this 
act, the trustees of schools where such lands are situated may vacate 
the valuation thereof by an order to be entered in book A of the 
county superintendent, and cause a new valuation to be made, if, in 
their opinion, the interests of the townshixD will be promoted thereby. 
They shill make said second valuation in the same manner as the 
first was made, and shall deliver to the county superintendent a plat 
of such second valuation, with the order of vacation, to be entered, 
as aforesaid; whereupon, said county superintendent shall proceed to 
sell said lands in all respects, as if no former valuation had been 
made: Provided, that the second valuation may be made by the 
trustees of schools, without petition, as provided in this act for the 
first valuation. 

§ 21. Upon the completion of every sale by the purchaser, the 
county superintendent shall enter the same in book B, and shall de- 
liver to the purchaser a certificate of purchase, stating therein the 
name and residence of the purchaser, describing the land and the 
price paid therefor, which certificate shall be evidence of the facts 
therein stated. 

§ 22. At the first regular term of the county board in each year, 
the county superintendent shall present to the county board of his 
county a statement showing the sales of school lands made subse- 
quent to the first regular term of the previous year, which shall be a 
true copy of the sale book (book B ) . 

§ 23. The county superintendent shall, also, at the time afore- 
said, transmit to the Auditor of Public Accounts, a full and exact 
transcript from book B of all the sales made subsequent to each re- 
port. The statement required to be presented to the county board 
shall be preserved and copied by the clerk of said board into a well- 
bound book kept for that purpose; and the list transmitted to the 
Auditor shall be filed, copied and preserved in like manner. 

§ 21. Every purchaser of common school lands shall be entitled 
to a patent from the State, conveying and assuring the title. 
Patents shall be made out by the Auditor, from returns made to him 
by the county superintendent. They shall contain a description of 
the land granted, and shall be in the name of and signed by the 



'Governor, countersigned by the Auditor, with the great seal of the 
State affixed thereto by the Secretary of State, and shall operate to 
vest in the purchaser a perfect title in fee simple. When patents 
are executed as herein required, the Auditor shall note on the list of 
sales the date of each patent, in such manner as to perpetuate the 
evidence of its date and delivery, and thereupon transmit the same 
to the county superintendent of the proper county, to be by him de- 
livered t) the patentee, his heirs or assigns, upon the return of the 
original certiticate of purchase, which certificate, when returned, 
shall be filed and i^reserved by the county superintendent; and all 
such patents, heretofore or hereafter so issued, by the State for 
school lands, or duly certified copies thereof from any record legally 
made, shall, after the lapse of ten years from the date of such patent, 
and such sale having been acquiesced in for ten years by the inhab- 
itants of the township in which the land so convej^ed may be sit- 
uated, be conclusive evidence as to the legality of the sale, and that 
the title to such land was, at the date of the patent, legally vested in 
the patentee. 

§ 25. Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of purchase 
and patents, upon filing affidavit with the county superintendent in 
respect to certificates, and with the Auditor in respect to patents, 
proving the loss or destruction of the originals; and such copies 
shall have the force and effect of originals. 

§ 26. When any real estate shall have been taken for any debts 
due to any school fund, the title to which real estate has become 
vested in any county superintendent for the use of the inhabitants of 
one or more townships or of the county, the county superintendent 
may lease or sell such real estate for the benefit of such township or 
townships, or of the county, as provided in section 37 of Article III 
of this act, regulating the leasing and sales of lands by school trus- 
tees: Provided, that in case the real estate be held for the benefit of 
any township or townships, it shall not be sold except upon the 
written request of the school trustees of said township or townships. 
The said county superintendent is hereby authorized to execute con- 
veyances of such real estate to the purchasers when so sold. 

§ 27. The trustees of schools in any township are hereby 
authorized and empowered, in their corporate capacity, to lay out and 
dedicate to the public use, for street and highway purposes, so much 
of the common school lands, which is unimproved or unoccupied 
with buildings, as may be necessary to open or extend any street or 
highway which may be ordered opened or extended by the municipal 
authorities, which are by law empowered to open or extend streets or 
highways in the territory where said school lands are located: Pro- 
vided, that said trustees of schools shall be of the opinion that the 
benefits to accrue from the opening or extending of said street or 
highway, to the remainder of said common school lands, will com- 
pensate for the strip so dedicated: And, provided farther, that it 
shall not be lawful for any street or other railroad to lay down rail- 
road tracks on any strip of the common school lands so dedicated, or 



79 

use the same or any part of the common school lands for railroad or 
street railroad purposes, except upon the purchase or lease of the 
same from the proper authorities, or upon the payment to the 
school fund of said township of the value of such use or land taken, 
the same as if no street or highway had been laid out thereon, to be 
determined by proceedings under an act entitled "An act to provide 
for the exercise of the right of eminent domain," approved April 10, 
1872. and all amendments thereto: And, jn'ovided further, that this 
section shall not in any way affect existing leases or contracts for the 
lease or iDurchase of common school lands. 



Article XIV 



FINES AND FORFEITURES. 



§ 5. Penalty for failure to pay over fines 
collected. 

§ 6. Power of the county court to examine 
records of delinquent officers; pen- 
alty for failure to furnish papers, etc. 



i> 1. Paid to county superintendent. 

'i 2. Duties of state's attorneys. 

? 3. Duties of justices of the peace. 

^ 4. Report of fines; affidavit; penalty for 
failure to report. 

Section 1. All fines, penalties and forfeitures imposed or incurred 
in any of the courts of record, or before any justice of the peace of 
the State, except fines, forfeitures and penalties incurred or imposed 
in incorporated towms or cities for the violation of the by-laws or 
ordinances thereof, shall, when collected, be paid to the county 
superintendent of schools of the county wherein such fines, penal- 
ties or forfeitures have been imposed or incurred, and the said 
county superintendent of schools shall give his receipt therefor to 
the person from whom such fine, forfeiture or penalty was received. 
The said county superintendent shall annually distribute such fines, 
penalties or forfeitures in the same manner as the common school 
funds of the State are distributed. 

§ 2. It shall be the duty of the state's attorneys of the several 
counties to enforce the collection of all fines, forfeitures and penalties 
imposed or incurred in the courts of record of their respective coun- 
ties, and to pay the same over to the county superintendent of the 
county wherein the same have been imposed or incurred, retaining 
therefrom the fees and commissions allowed them by law. 

§ 8. It shall be the duty of the justices of the peace to enforce 
the collection of all fines imposed by them by any lawful means; 
and when collected the same shall be paid by the justice collecting 
the same to the county superintendent of the county in which the 
same was imposed. 

^ § 1. Clerks of courts of record, state's attorneys and all jus- 
tices of the peace shall report, under oath, to the 'county court of 
their respective counties, by the first of March annually, the amount 
of such fines, penalties and forfeitures imposed or incurred in their 
respective courts, and the amount of such fines, forfeitures and pen- 
alties collected by them, giving each article separately, and if such 



80 

officer has collected no such fines, penalties or forfeitures, he shall 
make affidavit to such fact, and file the same with the county super- 
intendent. The judges of the county court shall inspect the said 
reports, and may hear evidence thereon, and, if found correct and 
truthful, shall enter an order approving such report, and that any 
moneys in the hands of such officers so reporting shall be paid over 
to the superintendent of schools. If the court shall not approve of 
such report, he may order a new one to be made, and upon failure to com- 
ply with the order of the court, or to make a satisfactory report, the 
court may state an account and enter an order to pay over as 
above provided. The court, for all purposes for carrying out the 
provisions of this section, shall have power to examine books and 
papers as x^rovided hereinafter in section 6 of this article, and shall 
have power to issue subpoenas for both books and persons: Pro- 
vided, thbt no report shall be approved until the court shall have 
given the superintendent five (5) days' notice of the same, and he 
shall be allowed to inspect said report, and he shall be heard by 
the court upon the same if he desire; and the officers charged 
with the collection thereof (the said clerks, state's attorneys and 
justices of the peace), for a failure to make such a report, shall 
be liable to a fine of twenty-five dollars ($25) for each offense, said 
fine to be recovered in a civil action, before any court, at the suit of 
the county superintendent of schools of the proper county. 

§ 5. For a failure to pay any fine, forfeiture or penalty, on de- 
mand, to the person who is by law authorized to receive the same, 
the officer or person having collected the same, or having the same 
in his possession or control, shall forfeit and pay double the amount 
of such fine, penalty or forfeiture as aforesaid, to be recovered be- 
fore any court having jurisdiction thereof, in a qui tarn action, one- 
half to be paid the. informer, and one-half to the school fund of the 
proper county. 

§ 6. In case that an}^ clerk of a court of record, state's attorney 
or justice of the peace shall fail to make the report provided for in 
section 4 of this article, the county court shall have powder, and it is 
hereby made the duty of the judge of said court, to examine all 
records pertaining to the office of such delinquent officer and enforce 
the payment of wdiatever sum may be found due the school fund 
from such delinquent officer. For the purpose of making such ex- 
amination, the said county court shall have the right to call for any 
paper or papers, docket, fee-book or other record belonging to the 
office of such delinquent officer; and in case such delinquent officer 
fails or refuses to furnish such paper, docket, fee-book or other 
record for the inspection or use of such county, he shall for- 
feit and pay to the school fund the sum of one hundred dollars 
($100) , to be recovered in an action of debt or assumpsit, before any 
court of this State having jurisdiction of the actions of debt and as- 
sumpsit, and such penalty, when collected, shall be paid into the 
school fund of the proper county. 



g 1. Of trustees for failure to take action 
regarding: the insufficiency of town- 
ship securities. 

§ 2. Of judges of election for failure to de- 
I'iver poll-book and certificates. 

g 3. Of boards of directors for failure to 
deliver schedules. 

g 4. Of township treasurer for failure to 
perform his duties. 

'i 5. Of the bondsmen or legal representa- 
tives of township treasurer to turn 
over bonds, etc., to successor. 

'f. 6. Liable to indictment and imprison- 
ment for conversion of funds. 

<! 7. Trustees liable for securities of town- 
ship treasurer; exception. 



8i 

Article XV. 

LIABILITY OF SCHOOL OFFICERS. 

8. Real estate of school officers holden. 



§ 9. Failure of trustees to make returns of 
children. 

g 10. Failure of school officers to furnish 
statistics. 

'i 11. School officers responsible for loss of 
funds. 

? 12. Forbidden to pervert funds to secta- 
rian purposes. 

g 13. Interest in sale of school books, etc., 
forbidden. 

§ 14. Penalty for excluding colored children 
from school. 



Section 1 Whenever the county superintendent of schools of 
any county shall notify the board of trustees of any township in 
writing, that the notes, bonds, mort-a-es, or other evidences of 'in- 
debtedness which have been taken officially by the township treasurer 
are not m proper form, or that the securities which the said town- 
ship treasurer has taken are insufficient, it shall be the duty of the 
said board of trustees at once to take such action as may be neces- 
sary to save and protect the property or funds of the districts and 
the township; and for a failure or refusal to take such action within 
twenty C^O) days after such notice, the members of the board, each 
in his individual capacity, shall be liable to a fine of not less than 
twenty-hve (^o) nor more than one hundred dollars (.^100), to be re- 
coverea before any justice of the peace, on information, in the name 
of the People of the State of Illinois (provided such insufficiency is 
proven) and, when collected, the said fine shall be paid to the countv 
superintendent of the proper county, for the use of schools. And 
the payment of this fine shall not relieve the board of trustees from 
any civil liability they may have incurred from such neglect of duty. 
§ ^\ }!}^ i^^^tees of any school election called for any legal pur- 
pose shal fail or neglect to deliver a copy of the poll-book of any 
such election with a certificate thereon showing the result of such 
election, to the officer provided by law to whom such return shall be 
made, within ten days after such election shall have been held the 
said judges of deletion shall be severally liable to a penaltv of not 
^imll\^1 ^'r^'^y-^'^'^ ^^ll^rs ($25) nor more than one hundred dollars 
{UOD), to be recovered m the name of the People of the State of 
Illinois, by an action of debt before any justice of the peace of the 
county ; which penalty, when collected, shall be paid into the school 
lund ot the township m which such election was held. 



82 

§ 3. It shall ])e the duty of the board of directors of every school 
district in this State, to deliver to the township treasurer all teachers' 
schedules made and certified as required by law, and covering all 
time taught during the school year ending June 30th. on or before 
the 7tli day of July, annually; and the directors shall be personally 
liable to the district for any and all loss sustained by it through 
their failure to examine and deliver to the said township treasurer all 
such schedules within the said time. 

§ 4. For any failure or refusal to perform all the duties required 
of the townshii^ treasurer by law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained l)y reason 
of such failure or refusal, to be recovered by action of debt by said 
board, in their corporate name, for the use of the proper township, 
before any court having jurisdiction of the amount of damages 
claimed; but if the said treasurer, in any such failure or refusal, 
acted under and in conformity to a requisition or order of said board, 
or a majority of them, entered upon their journal and subscribed by 
their loresident and clerk, then, in that case, the members of said 
board aforesaid, or those of them voting for such requisition or order 
aforesaid, and not the said township treasurer, shall be liable, jointly 
and severally, to the inhabitants of the township for all such 
damages, to be recovered by an action of assumpsit in a suit brought 
in the official name of the county superintendent of schools, for the 
use of the proper township: Provided, said treasurer shall be liable 
for any loss not collected by reason of the insolvency of said trustees. 

§ 5. When a township treasurer shall resign or be removed, and 
at the expiration of his term of office, he shall x)ay over to his suc- 
cessor in office, when appointed, all money on hand, and deliver over 
all books, notes, bonds, mortgages and all other securities for money, 
and all papers and documents of every descrij^tion in which the cor- 
poration has any interest whatever; and in case of the death of the 
township treasurer, his securities and legal representatives shall be 
bound to comply with the requisitions of this section so far as the 
said securities and legal representatives may have the power so to do. 
And for any failure to comply with the requisitions of this section, 
the persons neglecting or refusing shall be liable to a penalty of not 
less than ten (10) nor more than one hundred dollars (SlOO), at the 
discretion of the court before which judgment may be obtained, to 
be recovered in an action of debt before any justice of the peace, for 
the benefit of the school fund of such township: Provided, that the 
obtaining or payment of such judgment shall in no wise discharge or 
diminish the obligation of the x3ersons signing the official bond of 
such townshij) treasurer. 

§ 6. If any county suiDerintendent, trustee of schools, township 
treasurer, director or any other person entrusted with the care, con- 
trol, management or disposition of any school, college, seminary or 
township f and for the use of any county, township, district or school, 
shall convert such funds, or any part thereof, to his own use, he shall 
be liable to indictment: and, upon conviction thereof, shall be fined 
in anv sum not less than double the amount of monev converted to 



83 

his own use, and imprisoned in the county jail not less than one nor 
more than twelve months, at the discretion of the court. 

§ 7. Trustees of schools shall be liable, jointly and severally, for 
the sufficiency of securities taken from township treasurers; and in 
•case of judgment against any treasurer and his securities for or on 
account of any default of such treasurer on which the money shall 
not be made for want of sufficient property whereon to levy execu- 
tion, action on the case may be maintained against said trustees, 
jointly and severally, and the amount not collected on said judgment 
shall be recovered with costs of suit from such trustees: Provided, 
that if said trustees can show, satisfactorily, that the security taken 
from the treasurer, as aforesaid, was, at the time of said taking, good 
and sufficient, they shall not be liable as aforesaid. 

§ 8. The real estate of county superintendents, of township treas- 
urers, and all other school officers, and of the securities of each of 
them shall be bound for the satisfaction and payment of all claims 
and demands against said superintendents and treasurers, and other 
school officers as such from the date of issuing process against them, 
in actions or suits brought to recover such claims or demands until 
.satisfaction thereof be obtained; and no sale or alienation of real 
estate, by any superintendent, treasurer or other officer or security 
aforesaid, shall defeat the lien created by this section; but all and 
singular such real estate held, owned or claimed, as aforesaid, shall 
be liable to be sold in satisfaction of any judgment which may be ob- 
tained in such actions or suits. 

§ 9. Trustees of schools, or either of them, failing or refusing to 
make returns of children in their township according to the provi- 
sions of this act, or if either of them shall knowingly make a false 
return, the party so offending shall be liable to a penalty of not less 
than ten dollars ($10) nor more than one hundred dollars ($100) , to 
be recovered by an action of assumpsit, before any justice of the 
peace of the county; which penalty, when collected, shall be added 
to the township school fund of the township in which said trustees 
reside. 

§ 10. If any county superintendent, director or trustee, or either 
of them, or other officer whose duty it is, shall negligently or wil- 
fully fail or refuse to make, furnish or communicate the statistics 
and information, or shall fail to discharge the duties enjoined upon 
them or either of them, at the time and in the manner required by 
the provisions of this act, such delinquent or party off'ending shall be 
liable to a fine of not less than twenty-five dollars ($25) , to be recov- 
ered before any justice of the peace at the suit of any person, on in- 
formation in the name of the People of the State of Illinois, and, 
when collected, the said fine shall be paid to the county superintend- 
ent of the proper county for the use of the school fund. 

§ 11. County superintendents, trustees of schools, directors and 
township treasurers, or either of them, or any other officer having 
charge of school funds or property, shall be pecuniarily responsible 
for all losses sustained by any county, township or school fund, by 
reason of any failure on his or their part to perform the duties re- 



84 

quired of him or them by the provisions of this act; or by any rule 
or regulation authorized to be made by the provisions of this act; and 
each and every one of the officers aforesaid shall be liable for anj^ 
such loss sustained as aforesaid, and the amount of such loss may be 
recovered in a civil action brought in any court having jurisdiction 
thereof, at the suit of the State of Illinois, for the use of the county, 
township or fund injured; the amount of the judgment obtained in 
such suit shall, when collected, be paid to the proper officer for the 
benefit of the said county, township or fund injured. 

§ 12. No county, city, town, township, school district or other 
public corporation shall ever make any appropriation, or pay from 
any school fund whatever, anything in aid of any church or sectarian 
purpose, or help support or sustain any school, academy, seminary, 
college, university or other literary or scientific institution con- 
trolled by any church or sectarian denomination whatever; nor shall 
any grant or donation of money, or other personal property, ever be 
made by any such corporation to any church or for any sectarian pur- 
pose; and any officer or other loerson having under his charge or 
direction school funds or property, who shall pervert the same in the 
manner forbidden in this section, shall be liable to indictment, and 
upon conviction thereof, shall be fined in a sum not less than double 
the value of the property so perverted, and imprisoned in the county 
jail not less than one (1) nor more than twelve (12) months, at the 
discretion of the court. 

§ 13. No teacher, state, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used, or to be used, in any school in this State 
with which such officer or teacher may be connected; and for offend- 
ing against the provisions of this section such teacher, state, county, 
township or district school officer shall be liable to indictment, and 
upon conviction shall be fined in a sum not less than twenty-five dol- 
lars ($25) nor more than five hundred dollars ($500) . and maybe 
imprisoned in the count}" jail not less than one (1) month nor more 
than twelve (12) months, at the discretion of the court. 

§ 14. Any school officer or officers, or any other person, who shall 
exclude or aid in the exclusion from the public schools, of any child 
who is entitled to the benefits of such school, on account of such 
child's color, shall be fined, upon conviction, in any sum not less 
than five dollars ($5) nor more than one hundred dollars ($100) 
each, for every such offense. 



85 
Article XVI. 



MISCELLANEOUS. 



8. 



I 10. 



i 12. 

§ 13. 



Educational institutions to report to 
State Superintendent. 

Judgments and executions against 
boards of trustees and directors. 

No compensation allowed to trustees, 
directors, etc.; exemption from road 
labor, etc. 

Siihool ofl&cers to hold until their sue 
cessors are qualified. 

Former acts repealed. 

Emergency clause. 



1. Cost of suits not to be charged to 
school fund. 

'i 2. Eligibility of women to school offices. 

■§ 3. Bonds of women holding school offices. 

i, 4. Colored children may not be excluded 
f om school. 

i 5. Penalty for preventing children from 
attending school. 

^ 6. Payment of funds to township treas- 
urer. 

t 7. Reports and rate of taxation under 
special charters. 

Section 1. No justice of the peace, constable, clerk of any 
court, sheriff or coroner shall charge any costs in any suit where any 
school officer, school corporation or any agent of any school fund, 
suing for the recovery of the same, or any interest due thereon, is 
plaintiff and shall be unsuccessful in such suit: nor where the costs 
can not be recovered from the defendant by reason of the insolvency 
of such defendant. 

§ 2. Any woman, married or single, of the age of twenty-one 
years and upwards, and possessing the qualifications prescribed for* 
the office, shall be eligible to any office under the general or special 
school laws of this State. 

§ 3. Any woman elected or appointed to any office under the 
provisions of this act, before she enters upon the discharge of the 
duties of the office, shall qualify and give the bond required by law 
(if a bond is required) , and such bond shall be binding upon her 
and her securities. 

§ 4. All boards of school directors, boards of education or school 
officers, whose duty it now is, or may be hereafter to provide, in 
their respective jurisdictions, schools for the education of all chil- 
dren between the ages of six and twenty-one years, are prohibited 
from the excluding, directly or indirectly, any such child from such 
school on account of the color of such child. 

§ 5. Any person who shall, by threats, menace or intimidation, 
prevent any child entitled to attend a public school in this State 
from attending such school shall, upon conviction, be fined in any 
sum not exceeding twenty-five dollars ($25.00) . 

S ^. It shall be the duty of the county treasurers, county super- 
intendents of schools, township collectors,* and all other persons pay- 
ing money into the hands of township school treasurers for school 
purposes, on or before the 30th day of September of each year, to 
notify 111 writing the presidents of boards of school trustees and the 
olerks of the boards of school directors of the amount paid into the 
township treasurer's hands and the date of payment. 



86 

§ 7. This act shall not be so construed as to repeal or change, ^ in 
any respect, any special acts in relation to schools in cities having 
less than 100,000 inhabitants, or incorporated towns, townships or 
districts (except that in every such city, town, township or district 
the limit of taxation for educational and building purposes shall be 
the same as that fixed in section one, article eight, of this act) ; and 
except that it shall be the duty of the several boards of education or 
other officers of any city or incorporated town, township or district, 
having in charge schools under the provision of any of said special 
acts, or of any ordinance of any city or incorporated town, on or be- 
fore the 15th day of July preceding each session of the General As- 
sembly of this State,, or annually, if required so to do by the State- 
Superintendent of Public Instruction, to make out and render a 
statement of all such statistics and other information in regard to 
schools and the enumeration of persons, asis required to be commun- 
icated by township boards of trustees or directors, under the pro- 
visions of this act, or so much thereof as may be applicable to said 
city or incorporated town, to the county superintendent of the county 
where such city or incorporated town is situated, or of the county 
in which the larger part of such city or incorporated town is sit- 
uated: nor shall it be law^ful for the county superintendent, or any 
other officer or person to pay over any portion of the common 
school fund to any local treasurer, school agent, clerk, board of edu- 
cation, or other officer or person of any township, city or incorpor- 
ated town, unless a report of the number of persons and other sta- 
tistics relative to schools, and a statement of such other information 
as is required by the board of trustees or of directors, as aforesaid, 
and of othe.' school officers and teachers, under the provisions of 
this act, shall have been filed at the time or times aforesaid, specified 
in this section, with the superintendent of the proper county, as 
aforesaid. [As amended by act approved and in force March 31, 
1^91. 

§ 8. It shall be the duty of the president, principal, or other 
proper officer of every organized university, college, seminary, acade- 
my, or other literary "^institution, heretofore incorporated, or hereaf- 
ter to be incorporated in this State, to make out. or cause to be made 
out and forwarded to the office of the State Superintendent of Pub- 
lic Instruction, on or before the first day of August in each year, a 
report setting forth the amount and estimated value of real estate 
owned by the corporation, the amount of other funds and endow^- 
ments, and the yearly income from all sources, the number of in- 
structors, the number of students in the different classes, the studies 
pursued and the books used, the course of instruction, the terms of 
tuition, and such other matters as may be specially requested by 
said Superintendent, or as may be deemed proper by the president 
or xDrincipal of such institution to enable the Superintendent of 
Pablic Instruction to lay before the Legislature a fair and full ex- 
hibit of the affairs and 'conditions of said institutions, and of the 
educational resources of the State. 

§ 9. If judgment shall be obtained against any township board 
of'trustees or school directors, the party entitled to the benefit of 



87 

such judgment may have execution therefor, as follows, to-wit: It 
shall be lawful for tlie court in which such judgment shall be ob- 
tained, or to which such judgment may be removed by transcript or 
appeal from a justice of the peace, or other court, to issue thence a 
writ commanding the directors, trustees and treasurer of such tow^n- 
ship, to cause the amount thereof, with interest and costs, to be j)aid 
to the party entitled to the benefit of such judgment; out of any 
moneys unappropriated of said township or district, or if there be no 
such moneys, out of the first moneys applicable to the payment of 
the kind of services or indebtedness for wdiich such judgment shall 
be obtained, which shall be received for the use of such township or 
district, and to enforce obedience to such Avrit by attachment, or by 
mandamus, requiring sach board to levy a tax for the payment of 
such judgment; and all legal processes, as well as writs to enforce 
payment, shall be served either on the president or clerk of the 
board. 

^ 10. Trustees of schools, school directors, members of boards of 
education.- or other school officers performing like duties, shall re- 
ceive no pecuniary compensation, but they shall be exempt from 
road labor and military duty during their term of office. 

§ 11. All school officers elected in pursuance of any general law 
now in force shall hold their respective offices until their suc- 
cessors are elected and qualified under the provisions of this act. 

§ 12. "An act to establish and maintain a system of free schools," 
approved April I, 1872; ''An act to protect colored children in their 
rights to attend public schools," approved March 24, 1874; "An act 
to amend section fifty (oO) of an act entitled 'An act to establish 
and maintain a system of free schools, approved April 1, 1872,'' 
approved March 30, 1874; "An act to amend sections 24 and 33 of 
an act entitled 'An act to establish and maintain a system of 
free schools,' approved April 1, 1872," approved May 23, 1877; 
"An act to amend section 47 of an act to establish and maintain 
a system of free schools, approved April 1, 1872," approved May 
11, 1877; "An act regulating the renting and sale of school 
lands," approved May 25, 1877; "An act to amend section 33 of 
an act entitled 'An act to amend sections 24 and 33 of an act 
entitled 'An act to establish and maintain a system of free 
schools,"' approved April 1, 1872, approved May 23, 187 <, in force 
July 1, 1877,"' approved May 31, 1879; "An act to amend an act enti- 
tled 'An act to establish and maintain a system of free schools,' ap- 
proved Axjril 1, 1872, and section forty-seven (47) of said act as 
amended by an act approved May 11, 1877," approved Jane 3. 1879; 
"An act to amend sections eleven (11). twentv-seven (27), thirty- 
three (33), thirty-four (34), forty-eight (48), fifty-tliree (53), fifty- 
four (54) and fifty-seven (57) of an act entitled 'An act to establish 
and maintain a system of free schools,' approved April 1, 1872, and 
in force July 1, 1872, and amended by an act approved June 3, 1879, 
and in force July 1, 1879," approved May 31, 1881; "An act to amend 
section fifty-one (51) of an act entitled 'An act to establish and main- 
tain a system of free schools,' approved April 1, 1872. in force July 
1, 1872, and amended by an act ajjproved June 3, 1879, in force July 



88 

1. 1879," approved June 23, 1883; "An act regulating the loaning of 
school funds," approved and in force March 20, 1883; "An act to 
amend sections thirteen (13) , twenty (20) and seventy-one (71) of 
an act entitled 'An act to establish and maintain a system of free 
schools,' approved April 1, 1872, and in force July 1, 1872, and 
amended by an act approved June 3, 1879," approved June 26, 1885; 
"An act to amend sections fifty-seven (57) and fifty-eight (58) of an 
act entitled 'An act to establish and maintain a system of free schools,' 
approved April 1, 1872, and amended by an act approved April 1, 
1872, and amended by an act approved June 3, 1879, and in force 
July 1, 1879, and further amended by an act approved May 31, 1881, 
and in force July ], 1881," approved June 30, 1885; "An act to amend 
section one (1) of an act entitled 'An act regulating the renting and 
sale of school lands,' approved May 25, 1877, in force July 1, 1817," 
approved June 29, 1885; "An act to amend section thirty-three (33) 
of an act entitled 'An act to establish and maintain a system of free 
schools,' approved April 1, 1872, in force July 1, 1872, as amended by 
an act approved May 23, 1877, in force July 1, 1877, as amended by 
act approved June 3, 1879, in force July 1, 1879, as amended by act 
approved May 31, 1881, in force July 1, 1881," approved June 4, 1877; 
"An act to provide for the election of presidents of boards of educa- 
tion in school districts," approved June 17. 1887; "An act to empower 
trustees of schools to lay out and dedicate common school lands for 
street and highway purposes," approved J me 3, 1887; "An act to 
regulate the attendance of teachers upon teachers' institutes," ap- 
proved June 14, 1887; "An act to empower township trustees to sell 
and convey right of way and depot grounds for the use of railroads 
crossing school lands," approved April 13. 1875; "An act to regulate 
the payment of moneys into the hands of township school treasur- 
ers," approved May 30, 1881; and all other acts and parts of acts in- 
consistent with this act, and all general school laws in this State, are 
hereby repealed. 

§ 13. Whereas, An emergency exists, requiring this act to take 
immediate effect, therefore be it enacted that this act shall take effect 
from and after its passage. 

Approved May 21, 1889. 



89 



ADDITIONAL FACTS PERTAINING TO THE PUBLIC 
SCHOOLS AND TO SCHOOL OFFICERS. 

MEMBERS OF THE BOARD OF EDUCATION APPOINTED. 

An Act to provide for the appointment of School Directors and 
meynhers of tlie Board of Education, in certain cases, approved 
May 29, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly : That in all cases whereby 
[where, by] the provisions of any general or special law of this 
State heretofore passed, the members of the common council of any 
city having been made ex officio school directors, or members of the 
board of education in and for the school district of which the said 
-cit}^ shall constitute the whole or a part, the said school directors or 
members of the board of education shall hereafter be appointed as 
hereinafter provided. 

§ 2. It shall be the duty of the mayor of said city, at the first 
regular meeting of the city council after each annual municipal elec- 
tion, and after his installation into office, to nominate and place be- 
fore the council, for confirmation as school directors or members of 
the board of education, as the case may be, one person from each 
ward of said city to serve for two years, and one person from the city 
at large to serve for one year, and if the persons so appointed shall 
be confirmed by a majority vote of the city council, to be entered of 
record, the persons so appointed, together with such persons thereto- 
fore appointed under the provisions of the act, to which this is an 
amendment, w^hose terms of service shall not expire within one year, 
shall constitute the board of education or school directors for such 
district: Provided, that the person appointed from the city at large 
for one year shall be president of said board of education or school 
directors, but shall have no vote in said board excepting in case of a 
tie: And, provided further, that the term of office of all persons 
heretofore appointed under the provisions of the act to which this is 
an amendment, whose term of office expires within one year, shall 
terminate at the first regular meeting of the city council after the 
annual meeting, and upon the appointment and confirmation of their 
successors. [As amended by act approved and in force ^lay 28, 1889. 

§ 3. The said persons shall, as soon as practicable after their ap- 
pointment, organize ])y electing ons of their number secretary, who 
shall hold his office for one year. All rights, powers and duties here- 



90 

tofore exercised by and devolved upon the members of the city coun- 
cil, as ex officio members of the board of education, or school direc- 
tors, shall devolve upon and be exercised by the members of the 
board of education and school directors appointed under the pro- 
visions of this act. [As amended by act approved and in force May 
28. 1889. 

^ 4. In all school districts to which this act shall apply the boards 
of education or school directors shall annually, before the first day 
of August, certify to the city council, under the hands and seals of 
the president and secretary of the board, the amount of money re- 
quired to be raised by taxation for school purposes in said district 
for the ensuing year, and the said city council shall thereupon cause 
the said amount to be levied and collected in the same manner now 
provided by law for the levy and collection of taxes for school pur- 
poses in such district, but the amount to be so levied and collected 
shall not exceed the amount now allowed to be collected for school 
purposes by the general school laws of this State; and when such 
taxes have been collected and paid over to the treasurer of such city 
or school district, as may be provided by the terms of the act under 
which such district has been organized, such funds shall be paid out 
only on the order of the board of education or the school directors, 
signed by the president and secretary of such board. 

Approved Mav 29, 1879. 



REQUIRING AND REGULATING THE STUDY OF PHYSIOLOGY AND 

HYGIENE. 

? 1. Teaching effects of alcoholic drinks, i 2. Instruction to be given in normal 
etc. ' schools, institutes, etc. 

An Act to amend -'An act relating to the studtj of ptifj^iolocfy and 
hijgiene in the public scliools,"' approved June 1, 1S<S9, in force 
Juhj 1, 1SS9. Approved June 9, L897, in force July 1, 1897. 

Section 1. Be it enacted by tJie People of the State of Illinoi,^, 
represented in tlie General Assembly: That '"An act relating to 
the study of physiology and hygiene in the public schools," ap- 
proved June 1, 18^9, in force July 1. 1889, be amended so as t(: read 
as follows: 

That the nature of alcoholic drinks and other narcotics and their 
effects on the human system shall be taught in connection with the 
various divisions of physiology and hygiene as thoroughly as are 
other branches in all schools under State control, or supported wholly 
or in part by public money, and also in all schools connected with 
reformatory institutions. 

All pupils in the above mentioned schools below the second year 
of the high schools a ad above the third year of school work, comput- 
ing from the beginning of th? lowest primary year, or in correspond- 
ing classes of ungraded schools, shall be taught and shall study this 



91 

subject every year from suitable text-books in the hands of all 
}3upils, for not less than four lessons a week for ten or more weeks of 
each year, and must pass the same tests in this as in other studies. 

In all schools above mentioned all pupils in the lowest three pri- 
mary school years, or in corresponding classes in ungraded schools, 
shall each year be instructed in this subject orally for not less than 
three lessons a week for ten weeks in each year, by teachers using 
text-books adapted for such oral instruction as a guide and standard. 

The local school authorities shall provide needed facilities and 
definite time and place for this branch in the regular course of study. 

The text-books in the pupils' hands shall be graded to the caj)aci- 
ties of the fourth year, intermediate, grammar and high school 
pupils, or to corresponding classes as found in ungraded schools. 

For students below high school grade such text-books shall give at 
least one-fifth their space, and for students of high school grade shall 
give not less than twenty pages to the nature and effects of alcoholic 
drinks and other narcotics. The pages on this subject, in a separate 
chapter at the end of the book, shall not be counted in determining 
the minimum. 

§ 2. In all normal schools, teachers' training classes and teach- 
ers' institutes, adequate time and attention shall be given to in- 
struction in the best methods of teaching this branch, and no teacher 
shall be licensed who has not passed a satisfactory examination in 
this subject and the best methods of teaching it. 

Any school officer or officers who shall neglect or fail to comply 
with the provisions of this act shall forfeit and pay for each offense 
the sum of not less than five dollars nor more than twenty-five dol- 
lars. 



COMPENSATION OF JUDGES AND CLERKS OF ELECTION IN CERTAIN 

CASES.* 

An Act io iwovide for the compensation of judges and clerks of 
election cd elections at lohich trustees of schools and school direc- 
tors are elected binder the provisions of an act entitled ''An act to 
I'egulate the Jtolding of elections and declaring the result thereof 
in cities, villages and incorporated toicns in this Slate." appi'oced 
June 19, 1<^85. 

Section 1. Be it enacted hij the People of the State of IUi)iois, 
represented in the General Assembly : That at all elections held 
under the provisions of an act entitled "An act to regulate the hold- 
ing of elections and declaring the result thereof in cities, villages 
and incorporated towns in this State,"' approved June 19, 1885, and 
those amendatory and supplemental thereto, at which any trustee of 
school may have been heretofore or shall hereafter be elected, the 
expenses of such election shall be paid out of the treasury of such 
city, village and incorporated town. 

* This relates to the judges and clerks of elections appointed by the board of election 
commissioners, and not to the officers of school elections generally. 



92 

§ 2. That all elections held under the provisions of said acts, at 
which a school director is elected, the expenses of such election shall 
be paid out of any funds belonging or appertaining to the district 
for which such director is elected. 

§ 3. The corporate authorities of cities, villages, incorporated 
towns and school districts are hereby authorized and empowered to 
levy taxes for the purpose of paying election expenses. 

Approved June 3, 1889. 



ELECTION OF BOARDS OF EDUCATION IN CERTAIN CASES. 

3. Repeals all acts in conflict. 



4. Emergency. 



I 1. Cities, towns and townships, in which 
schools are managed under special 
acts, may elect boards of education. 

§ 2. Question to be submitted to vote, upon 
petition of 50 voters. 

An Act to give cities, incorporated toions, townships and districts, 
in ivhich free schools are now managed under specicd acts, au- 
thority to elect hoards of education having the same poioers as 
hoards of education noio elected under the genercd free school 
laws of this State. 

Section 1. Be it enacted hy the People of the Stcde of Illinois, 
represented in the Genercd Assemhly : That any city, incorporated 
town, township or district having a population of less than one thou- 
sand and not over twenty thousand inhabitants, in which free schools 
are now managed under any special act, may, by vote of its electors, 
determine to elect, instead of the directors or other governing or 
managing board, now provided for by such special act, a board of 
education which shall be elected at the time and in the manner and 
have the powers now conferred by law upon boards of education of 
districts not governed by any special act. 

§ 2. Upon petition of fifty voters of such city, town, township or dis- 
trict, presented to the board having the control and management of 
schools in such city, town, tow^nship or district, it shall be the duty 
of such board, at the next ensuing election to be held in such city, 
town, township or district, to cause to be submitted to the voters 
thereof, giving not less than fifteen days' notice thereof, by posting 
not less than five notices in the most public places in such city, town, 
township or district, the question of "electing a board of education 
having the powers conferred upon such boards in districts organized 
under the free school laws," which notice may be in the following 
form, to-wit: 

Public notice is hereby given that on the day of A. D. 

, an election will be held at , between the hours of 

M. and M. of said day, for the purpose of deciding' the ques- 
tion of "electing a board of education having the powers conferred upon such 
boards in districts organized under the free school law." 

If it shall appear, upon a canvass of the returns of such election, 
■that a majority of the votes cast at such election are ''for electing a 



93 

board of education having the powers conferred upon such boards in 
districts organized under the free school law,"' then at the time of 
the next resjular election for boards of education under the free school 
law, there shall be elected a board of education for such district; and 
should there not be sufficient time to give the notice required by law 
for such election, then such election may be held on any Saturday 
thereafter, but all subsequent elections shall be held at the time pro- 
vided by the free school law. 

§ 8. All acts and parts of acts in conflict with this act are hereby 
repealed. 

§ 4. Whereas, An emergency exists requiring this act to take-- 
immediate effect, therefore be it enacted that this act shall be in 
force from and after its passage. 

Approved June 2, 1891. 



Child Labor. 

employment of children under 13 YEARS OF AGE PROHIBITED. 

§ I. Prohibits any person, firm or corpora- j I 4. No child shall be eniployed for more 
tion from employing any child under j than one day without such certifi- 

13 years of age, except as provided in cate. 

I 5, Penalties for violation of this act. 
? 2. Certificate of the school board authoriz- 
ing employment. 

I 3. No certificate shall be issued unless the 
child has attended school at least 8 
weeks in the current school year. 

An Act to prevent child labor. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be unlawful 
for any person, firm or corporation to employ or hire any child under 
thirteen years of age except as hereinafter provided. 

§ 2. In case it shall be made to appear to the board of education 
or of school directors that the labor or services of any child consti- 
tutes and is the means of support of an aged or infirm relative, and 
that such relative is, in whole or in part, dependent upon such child, 
then the board of education or school directors shall issue to such 
child a certificate authorizing the employment of such child; such 
certificate shall state the name, residence and age of such child, and 
a record thereof shall be kept by the board of education or school di- 
rectors in a book kept for that purpose. 

§ 3. No such certificate shall be granted to any child unless it 
shall be shown to the board of education or school directors [of the 
district] in which such child resides, that such child has attended 
some public or private day school for at least eight (8) weeks in the- 
current school year. 



94 

§ 4. No person, firm or corporation shall employ any child under 
the age of thirteen years in any store, shop, factory or manufactur- 
ing establishment, by the day, or any period of time greater than one 
day, unless such certificate be furnished, nor shall he permit any 
such child to work in his employ without such certificate. He or 
they shall be authorized to retain the certificate of any such child 
employed b}^ him, which shall be evidence admissible in any court. 

§ 5. Any person, firm or corporation who violates the provisions 
of this act, and any father, guardian or person having control of any 
child under the age of thirteen years, who willingly permits or con- 
sents to the employment of such child without such certificate as is 
13rescribed by section three of this act shall, for every offense, be fined 
in a sum not less than ten nor more than fifty dollars, for the use of 
public schools of the city or district in which such child resides. And 
every day of the employment of any such child shall be deemed a 
separate offense. 

Approved June 17", 1891. 



WOMEN MAY VOTE AT SCHOOL ELECTIONS. 



1. Confers the right of suffrage upon 
women 21 years of age and over who 
may vote at elections for school offi- 
cers. Registration. 



#. 2. Shall be permitted to vote for scliool 
officers at any election. Ballots, at 
general elections, to be put into sep- 
arate boxes. 



An Act to entitle women to vote ot anij election held for the purtwse 
of choosing any officer under the general or sjx'cial school laws of 
this State. 

Section 1. Be it enacted by the People of the Sfcde of Illinois, 
represented in the General Assembly : Any woman of the age of 
twenty-one years and upwards, belonging to either of the classes 
mentioned in article 7 of the Constitution of the State of Illinois, 
who shall have resided in this State one year, in the county ninety 
daj^s, and in the election district thirty days preceding any election 
held for the purpose of choosing any officer of schools under the gen- 
eral or special school laws of this State, shall be entitled to vote at 
such election in the school district of which she shall at the time 
have been for thirty days a resident: Provided, any woman so de- 
sirous of voting at any such election shall have been registered in 
the same manner as is provided for the registration of male voters. 

§ 2. Whenever the election of public school officers shall occur 
at the same election at which other public officers are elected, the 
ballot offered by any woman entitled to vote under this act shall not 
contain the name of any person to be voted for at such election, ex- 
cept such officers of public schools, and such ballots shall all be de- 
posited in a separate ballot-box, but canvassed with other ballots cast 
for school officers at such election. 

Approved June 19, 1891. 



95 

EXISTING INDEBTEDNES?. 

'- 1. Authorizes the directors of any school district, created by special act, the limits of 
which ai-e co-extensive with a city, to assume and pay any ex sting: indebtedness. 

An Act io allow directors of scJiools under special laics to assume 
and provide for indebledness heretofore created by tJie authorities 
of « cittj for school purposes. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in tlie Genercd Asseuddy : That whenever ?iny city in 
this State is by special law made a school district, or whenever any 
school district created by special law shall be co-terminous with any 
city, the directors of such district shall have the power, at the re- 
quest of the city council, to assume and provide for, by borrowing 
and taxation, anv indebtedness now existing, created by the authori- 
ties of the city for school purposes. 

ArPEOVED Jane 22. 1891. 



RELATING TO SCHOOL ATTENDANCE AND THE APPOINTMENT OF TRUANT 

OFFICERS. 



1. Requires that ( hildren between the ages 

oi 7 and 14 years shall attend school 
at least 16 weeks in each year unless 
exempt. 

2. Penalties for violation of this act. 



'i 3. Appointment of truant officers. Hear 
ing of charges for non-attendance. 

§ 4, Penalties for evasion of this act. 

I 5. Recovery of fines and penalties. 



An Act to promote aitendance of cliildren in schools and to prevent 
truancy^ [Approved June 11, 1S97, in force July 1, 1S97. 

Section 1. Be it enacted by the Peop)le of the Stcde of Illinois, 
represented in the General Assembly: That every person having 
control of any child between the ages of seven (7) and fourteen (14) 
years shall annually cause such child to attend for at least sixteen 
(16) weeks, twelve (12) weeks of such attendance shall be consecu- 
tive, some public or private school, which time, for pupils under ten 
(10) years of age, shall commence with the beginning of the first 
term of the school year of such school, and not later than December 
1 of said school year for pupils above the age of ten (10) years, or as 
soon thereafter as due notice shall be served upon the person having 
such control of his duty under this act: Provided, that this act shall 
not apply in any case when the child has been or is being otherwise 
instructed, for a like period of time in each and every year, the ele- 
mentary branches of education by a person or persons competent to 
give such instruction, or whose physical or mental condition renders 
his or her attendance impracticable or inexpedient, or who is excused 
for sufficient reason by any comi3etent court of record. 

§ 2. For every willful neglect of such duty as prescribed by sec- 
tion one (1) of this act the i^erson so offending shall forfeit to the 
use of the public school of the city, town or district in which such 
child resides, a sum not less than one (1) dollar nor more than five 
(5) dollars and costs of suit, and shall stand committed until such 
fine and costs of suit are fully paid. 



96 

§ 3. The board of education in cities, townas, villages and school 
districts, and the board of school directors in school districts, shall 
appoint, at the time of appointment or election of teachers each year, 
one or more truant officers, whose duty it shall be to report all vio- 
lations of this act to said board of education or board of directors^ 
and to enter complaint against and prosecute all persons who shall 
appear to be guilty of such violation. It shall also be the duty of 
said truant officer so appointed to arrest any child of school-going 
age that habitually haunts public places and has no lawful occupa- 
tion, and also any truant child who absents himself or herself from 
school, and to place him or her in charge of the teacher having 
charge of any school which said child is by law entitled to attend, 
and which school shall be designated to said officer by the parent^ 
guardian or person having control of said child. In case such parent, 
guardian or person shall designate a school without making or hav- 
ing made arrangements for the reception of said child in the school 
so designated, or in case he refuses or fails to designate any school,, 
then such truant officer shall place such child in charge of the 
teacher of the public school. And it shall be the duty of said teacher 
to assign said child to the proper class and to instruct him or her in 
such studies as he or she is fitted to pursue. The truant officer so 
appointed shall be entitled to such compensation for services ren- 
dered under this act as shall be determined by the boards appointing 
them, and which compensation shall be paid out of the distributable 
school fund: Provided, that nothing herein contained shall prevent 
the parent, guardian or person having charge of such truant child, 
which has been placed in any school by the truant officer, to there- 
after send said child to any other school which said child is by law 
entitled to attend. 

§ 4. Any person having control of a child who, with intent to 
evade the provisions of this act, shall make a wilfully false statement 
concerning the age of such child, or the time such child has attended 
school, shall for such offense forfeit a sum of not less than three (3) 
dollars nor more than twenty (20) dollars for the use of the public 
schools of such city, town, village or district. 

§ 5. Any fine and penalty mentioned in this act may be sued for 
and recovered before any court of record or justice of the peace of 
the proper county, in the name of the People of the State of Illinois 
for the use of the public schools of the city, town, village or district 
in which said child resides. 

§ 6. An act entitled "An act concerning the education of chil- 
dren," approved June 19, 1893, in force July 1, 1893, is hereby re- 
pealed. 



97 

SCHOOL INSPECTORS ELECTED UNDER CERTAIN SPECIAL ACTS. 

g 1. Certain districts, containing: ovpr 20,000 §2. Moneys raised by taxation, how drawn 

and less than 100.000 inlialjitants. hav- i and applied, 

inff special charters, though divided | 

for the election of school inspectors, I 3. Record of the proceedingrs of boards of 
are made undivided districts with inspectors, 

added powers for the control and 

management of schools. 1 § 4 Emergency. 

An Act io amend section one of ''An act extending the lowers of 
Boards of School Inspectors elected under special acts '' approved 
Jnne 19, 1893. Approved and in force Jnne 11, 1897. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That section one of "An act 
extending the powers of Boards of School Inspectors elected under 
special acts," approved June 19, 1893, be amended so as to read as 
follows: 

Be it enacted by tJie People of the State of Illinois, represented in 
the General Assembly: That in all cities in this State having over 
20,000 and less than 100,000 inhabitants, whose schools are now ope- 
rated under special law, and where, by such law, territory outside of 
the city limits is added to the territory within the city for school 
purposes, and where such school district or districts is not coexten- 
sive wdth the township in which such city is situated, and where by 
such special law, Boards of School Inspectors, consisting of six mem- 
bers (three in each of two districts) , are elected, the provisions of 
any such special law dividing such territory into two districts shall 
be held to be only for the purpose of electing members of the Board 
of School Inspectors, and for all other purposes the territory in two 
such districts shall be held to be included in oue school organiza- 
tion, and the Board of School Inspectors, in addition to the other 
powers given by such special law, and the general school laws, shall 
have power to employ teachers, janitors and such other employes as 
such board shall deem necessary, and to fix the amount of their com- 
pensation, to buy or lease sites for school houses, with the necessary 
grounds; to build, erect, lease or purchase buildiugs suitable for 
school houses, to repair and improve school houses and to furnish 
them with the necessary supplies, fixtures, aj^paratus, libraries and 
fuel, and it shall be the duty of such board to take the entire super- 
vision and control of the schools in such district or districts. 

§ 2. [Act of 1897.] Whereas, An emergency exists, therefore 
this act shall take eff:'ect and be in force from and after its passage. 

5^ 2. [Original act.] All money necessary for the purposes 
mentioned in section one of this act shall be raised as now provided 
by law, not to exceed the amount by law limited, and shall be held 
by the treasurer as a special fund for school iDurposes, subject to the 
order of school inspectors, upon warrants to be countersigned by the 
mayor and city clerk. 

§ 3. The said board shall provide w^ell-bound books at the ex- 
pense of the school tax fund, in wdiich shall be kept a faithful 



98 

racord of all of its proceedings. The yeas and nays shall be taken 
and entered on the record of the proceedings of the board upon all 
questions involving the expenditure of money. 

§ 4. Whebeas, An emergency exists, therefore this act shall take 
effect and be in force from and after its iDassage. 

Approved June 19. 1893. 



SCHOOL INSPECTORS. 

I 1. Increasing number of school inspectors, g 2. Emergency, 
elected under special acts, from six 
to seven members. 

x\n Act increasing the number of school inspectors, elected under 
special acts, from six to seven meiuhers. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That in all cities in 
this State having over 10,000 and less than 100,000 inhabitants, 
whose schools are now operated under special law, and where, by 
such special law, boards of school inspectors consisting of six mem- 
bers (three in each of two districts) are elected, such board shall 
hereafter consist of seven members; and at the time other members 
of such boards are elected in April, 1895, and each three years there- 
after, such additional member shall be elected for a term of three 
years, by all the voters entitled to vote at school elections of the en- 
tire school territory embraced in said two districts; and whenever 
such additional member is to be elected, he shall be designated and 
voted for as "member of board of school inspectors at large.'' 

§ 2. Whereas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved March 0, 1895. 



ELECTION OF BOARDS OF EDUCATION IN CERTAIN CASES. 

An Act to provide for the election of boards of education in scliool 
districts orcjanized nnder special acts of the Legislature of this 
State ivhere such school districts are maintained, nnder the general 
scliool laws of this St(de, and inhere there is no provision in such 
special acts for the election of boards of education. Approved 
June 10, 1897, in force July 1, 1897. 

Section 1. Be it enacted by tJie People of the State of Illi- 
nois, represented in the General Assembly: That hereafter, in all 
school districts in this State, organized under any special law of 
this State, and maintaining public schools under the general laws of 
this State, where there is no provision in said special acts creating 
such special school districts, for the election of boards of education 
as otherwise provided, there shall be elected in each of said special 



99 

school- districts, in lieu of the school directors as now provided, a 
board of education, to consist of seven members, to be elected at the 
time and in the manner as now provided by the general law for the 
election and qualification of boards of education in other cases: 
Provided, that at the first election of such board, which shall be 
held on the third Saturday in April, A. D. 1898, two of such mem- 
l)ers shall be elected to serve one year, two to serve two years, and 
two to serve three years, and a president of such board shall be 
elected, whose term of office shall be one year, and annually there- 
after there shall be elected in said school district two members of 
such board, whose term of office shall be three years, and there shall 
also be elected annually thereafter a president of said board. Said 
board of education, when so elected and qualified, shall have the 
power of trustees of schools in school townships, as is now provided 
by law. 



KINDERGARTEN SCHOOLS. 

I 1. School districts, upon authorization by I 2. Teachers' certificates. 
a majority of votes cast at an elec- 
tion for that purpose, to establish 
kin(lerg:arten schools. 

An Act author izin(j school districts managed hy hoards of educa- 
tion and directors to establish and maintain kindergarten schools. 
Approved Ajoril 17, 1895, in force July 1, 1895. 

Section 1. Be it enacted by the People of the Stcde of Illi- 
nois, represented in the Genercd Assembly: That in addition to 
other grades or departments now^ established and maintained in the 
public schools of the State, any school district managed b}^ a board 
of education or a board of directors is hereby empowered, when 
authorized by a majority of all the votes cast at an election for that 
purpose, such election to be called and held in accordance with the 
provisions of Article IX of an act entitled "An act to establish and 
maintain a system of free schools," approved and in force May 21, 
1889, to establish in connection with the public schools of such dis- 
trict, a kindergarten or kindergartens for the instruction of children 
between the ages of four and six years, to be paid for in the same 
manner as other grades and departments now established and main- 
tained in the public schools of such district. No money accruing to 
such district from the school tax fund of the State shall be used to 
defray the tuition or other expenses of such kindergarten, but the 
same shall be defrayed from the local tax and the special school rev- 
enue of said district. 

§ 2. All teachers in kindergartens established under this act shall 
hold a certificate issued as provided by law, certifying that the holder 
thereof has been examined upon kindergarten principles, and is com- 
petent to teach the same. 

Approved April 17, 1895. 



100 



TEACHERS PENSION AND RETIEEMENT FUND. 
§ 5. Powers of trustee. 



6. Special fund— How created— How an(J 

when drawn. 

7. Custodian of fund. 

8. Removals— Contributions refunded to 

teachers. 



? 1. Teachers" and employes pension and 
retirement fund in certain cities- 
How created. 

§ 2. Board of trustees— Administration and 
investment of fund. 

I 3. Retirement. 

§ 4. Annuity. I 

An Act to jjrovide for the formation and disbursement of a j^uhlic 
school teachers' and public school employes^ pension and retirement 
fund in cities having a population exceeding one hundred thou- 
sand inhabitants. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly : That the board of educa- 
tion in cities having a population exceeding one hundred thousand 
inhabitants, shall have power, and it shall be the duty of said board 
to create a public school teachers' and public school employes pen- 
sion and retirement fund, and for that purpose set apart the follow- 
ing moneys, to-wit: 

1. An amount not exceeding one per cent, per aunum of the re- 
spective salaries paid to teachers and school employes elected by 
such board of education, which amount shall be deducted in equal 
installments from said salaries at the regular times for the payment 
of such salaries. 

2. All moneys received from donations, legacies, gifts, bequests,. 
or otherwise, on account of said fund. 

3. All moneys which may be derived from any and all sources: 
Provided, however, that no taxes shall ever be levied or an apx^ropri- 
ation of public money be made for said fund except as herein pro- 
vided. 

§ 2. The board of education, together with the superintendent of 
schools, and two representatives to be selected annually by the teach- 
ers and employes of the public schools under control of said board, 
shall form a board of trustees, a majority of whom shall determine 
the amount to be deducted from the salaries paid to teachers and 
employes as aforesaid, and shall have charge of, and administer said 
fund, and shall have power to invest the same as shall be deemed 
most beneficial to said fund, in the same manner and subject to the 
same terms and conditions as township treasurers are permitted to 
invest school funds in article four (4) of an act entitled ''An act to 
establish and maintain a system of free schools." in force May 4,. 
1889, and shall have power to make payments from said fund of an- 
nuities granted in pursuance of this act, and shall from time to time 
make and establish such rules and regulations for the administration 
of said fund as they shall deem best. 

§ 3. Said board of education shall have power, by a majority vote 
of all its members, to retire any female teacher or other female school 
employe who shall have taught in public schools or rendered service- 



101 

therein for a period aggregating twenty }^ears; and any male teaciier 
or .male school employe who shall have taught or rendered service 
for a period aggregating twenty-five years, and such teacher or school 
employe also shall have the right after said term of service to retire 
and become a beneficiary under this act: Promded, liowever, that 
three-fifths of said term of service shall have been rendered by said 
beneficiary within the limits of the municipality where said board of 
education has jurisdiction, 

§ 4. Each teacher and school employe so retired or retiring shall 
thereafter be entitled to receive as an annuity one-half of the annual 
salary paid to said teacher or employe at the date of such retirement, 
said annuity to be paid monthly during the school year: Provided, 
however, that such annuity shall not exceed the sum of six hundred 
dollars ($600), which shall be jDaid by said board of education out of 
the fund created in accordance with this act in the manner provided 
by law^ for the payment of salaries. 

§ 5. Said board of trustees is hereby given the power to use both 
the principal and the income of said fund for the payment of an- 
nuities hereinbefore mentioned, and shall have power to reduce, from 
time to time, the amount of all annuities: Provided, that such re- 
duction shall be at the same rate in all cases. 

§ 6. The president and secretary of such board of education shall 
certify monthly to the city treasurer all amounts deducted from the 
salaries of teachers, special teachers, principals and employes of the 
board of education in accordance with the provisions of this act, 
w^hich amounts as well as all other moneys contributed to said fund, 
shall be set apart and held by said treasurer as a special fund for the 
purpose hereinbefore specified, subject to the order of said board of 
education, superintendent of schools, and two representatives, as 
aforesaid, and shall be paid out upon, warrants signed by the presi- 
dent and secretary of said board of education. 

§ 7. The city treasurer shall be custodian of slid pension fund, 
and shall secure and safely keep the same subject to the control and^ 
direction of said board of trustees, and shall keep his books and ac- 
counts concerning said fund in such manner as may be prescribed 
by the said board. And said books and accounts shall always be 
subject to the inspection of the said board or any member thereof. 

The treasurer shall, within ten days after his election or appoint- 
ment, execute a bond to the city, wdth good and sufficient securities, 
in such penal sum as the said board shall direct, to be approved by 
the said board, conditioned for the faithful performance of the duties 
of his office, and that he will safely keep, and well and truly account 
for all moneys and profits which may come into his hands as such 
treasurer, and that on the expiration of his term of office he will 
surrender and deliver over to his successor all unexpended moneys 
and all j^roperty which may have come into his hand as treasurer of 
such fund. Such bond shall be filed in the office of the clerk of such 
city, and in case of a l)reach of the same or the conditions thereof, 
.suit may be brought on the same in the name of said city for the use 
•of said board of trustees or of any person or persons injured by such 
breach. 



102 

§ 8. No teacher or other school employe who has been or who- 
shall have been elected by said board of education shall be removed 
or discharged except for cause upon written charges, which shall be 
investigated and determined by the said board of education whose 
action and decision in the matter shall be final. 

If at any time a teacher or school employe who is willing to con- 
tinue is not re-employed or is discharged before the time wdien he or 
she would under the provisions of this act be entitled to a pension, 
then such teacher or school employe shall be paid back at once all 
the money, with interest, he or she may have contributed under the 
law. 

Approved May 21, 1895. 



FLAG LAW. 

§ 1. On court houses. I I 4. Payment for the tlags. 

§ 2. On penal and reformatory. State educa- I § 5. Penalty. 

tional and State charitable institu- ,^ ^ ^^^^^^ ^^ ^^^.^^^^^ ^^^^ 
tions. 

§ 3. On public school buildings. 

An Act to jrrovidefor pkicing United States nafional flags on school 
houses, court houses and other 'public buildings in this Stcde, and 
to repecd certain acts therein named. Approved June 2, 1897. 
In force July 1, 1897. 

Section 1. Be it enacted by the People of tlie State of Illinois, 
represented in the General Assembly: That it shall be the duty of 
the board of supervisors in counties under township organization, 
and the board of commissioners in counties not under township 
organization, to provide United States national flags of not less than 
four by eight feet in size, to be unfurled and kept floating from a 
suitable flag staff to be placed on the top of the court house in their 
respective counties, and it is hereby made the duty of the sheriff' of 
each and every county in the State to see that the flag so provided 
shall be hoisted on its flag staff' above the court house and kept 
floating from eight o'clock a. m. to five o'clock p. m. on each and 
every legal holiday of the year, and on such other days as the board 
of supervisors or the board of county commissioners may direct. 

§ 2. The commissioners or trustees of all penal and reformatory, 
State educational and State charitable institutions of this State shall 
provi^le United States national flags of not less than ten by twenty 
feet in size, and cause the same to be unfurled and kept floating- 
above the said penal and reformatory. State educational and State 
charitable institutions, or on a suitable flag pole from eight o'clock 
a. m. to five o'clock p. m. on each and every legal holiday in the year, 
and on such other days as the commissioners or trustees may de- 
termine. 

^ o. The directors or board of education of every school district 
in the State of Illinois shall have power to cause to be erected and 
to keep in repair upon all public school houses or within the school 



103 

grounds surrounding such public school buildings which may be in 
their respective school districts, a good and sufficient flag staff or 
pole, together with all necessary adjustments, and that they shall 
X)rovide a United States national flag of not less than four by eight 
feet in size, which shall be floated from such flag staff or pole during 
the school hours of such days as the directors or board of education 
may determine: Provided, that the flag shall not be hoisted on any 
court house, State institution or public school building during any 
day when a violent storm or inclement weather w^ould destroy or 
materially injure such flag. 

§ 4. The flag used by any and all State institutions, as provided 
for in this act, shall be paid for out of the funds appropriated for the 
running expenses of said institutions, the same as other necessary 
supplies are bought and ^R\d for, and the flags for use over court 
houses and public school buildings are hereby declared to be neces- 
sary supplies, and may be paid for out of the public funds of the 
respective counties or school districts. 

g 5. Any person or x^ersons who shall wilfully injure, deface or 
destroy any flag, flag staff or pole, or adjustments attached thereto, 
erected and arranged for the purpose of carrying out the require- 
ments of this act, shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined not less than one (1) dollar nor more 
than fifteen (15) dollars. 

>^ G. That an act entitled "An act to x^rovide for placing the 
United States national flags on school houses, court houses and other 
buildings in the State," became a la\v June 26, 1895. in force July 1, 
1895; and an act entitled "An act to require the United States flag 
to be placed upon all public buildings in Illinois, or upon a flag pole 
erected within the school grounds surrounding such school build- 
ings," became a law June 26, 1895, in force July 1, 1895, be and the 
same are hereby repealed. 



CLASSES FOR DEAF CHILDREN IN THE PUBLIC SCHOOLS. 



I 1. Providing- instruction for deaf children. 

i; 2. Report to be made annually to State 
Superintendent. 

\ 3. County superintendent authorized to 
distribute funds. 



4. Time of distributin.o' funds. 

5. Teachers appointed by State Superin- 

tendent. 



An Act (uiihorizhuj scfiool disfricfs vKuuffjed hij (xxn-d.^ of ediico- 
fion or directors to estahlisJt and niointain dasses for the deaf in 
tlie puMic schoois, and author izimj payment tlierefor from St(de 
common school funds. Apj)roued Jane 11, 1807, in force Jnlij 1, 
1807. 

Section 1. Be it enacted by tlie People of tlie Stcde (f Illinois^ 
represented in tlie Genercd. AssemhJy: That upon . application by a 
board of education or directors of any school district of the State to 



104 

the State Superintendent of Public Instruction, he shall grant per- 
mission to such board of education or directors, and such board of 
education or directors shall thereupon be empowered to maintain 
as part of a public school, within its limits, one or more classes, 
having an average attendance of not less than three pupils, for the 
instruction of deaf persons over the age of three and under twenty- 
one years, residents of the State of Illinois. 

§ 2. Such board of education or directors which shall maintain 
one or more classes for the instruction of the deaf shall report to the 
State Superintendent of Public Instruction annually, and as often 
as said Superintendent shall direct, such facts concerning such 
class or classes as he may require. 

§ 3. The county superintendent of schools in each county is 
hereby authorized and directed to apportion and pay, out of the 
State common school fund received by such county, to the treasurer 
or other financial officer of such board of education or directors 
maintaining such class or classes for the instruction of the deaf, the 
sum of one hundred and fifty dollars for each deaf pupil, resident of 
such county, instructed in any such class for at least nine months 
during the school year, and a share of such sum proportionate to 
the term of instruction of any such pupil as shall be so instructed 
less than nine months during such year. If no such class shall be 
maintained in a public school in any county, but persons residing in 
such county shall attend such class in an adjoining county with the 
permission of the county superintendent of the county not main- 
taining such class, then said superintendent shall pay to the finan- 
cial officer of the board of education or directors of the district main- 
taining such class the amount above specified for each pupil attend- 
ing such class in such other county. 

§ I. The sums provided in the next succeeding section shall be 
l)aid by such county superintendent of schools as soon as may be 
after the receipt by him of the State common school fund in each 
year, upon satisfactory proof being made to him by the president 
and the secretary or clerk of such board of education or directors 
maintaining such class, of the number of pupils instructed in such 
class or classes, and their residences, and the period of time each 
such pupil shall have been so instructed in such class or classes for 
the preceding school year. 

§ 5. All teachers in such classes shall be appointed by the State 
Superintendent of Public Instruction upon application of the board 
of education or directors of the school district maintaining such 
class or classes; the State Superintendent of Public Instruction to 
have the power to remove such teachers for cause. No person shall 
be appointed to teach any such class who shall not have first ob- 
tained a teacher's certificate, as provided by law, and who shall not 
have received specific instruction in the teaching of the deaf for a 
term of not less than one year. 



105 



A MANUAL TRAINING DEPARTMENT FOR TOWNSHIP HIGH SCHOOLS. 



- 1. Election for establishment of manual 
training- department. 

i 2. Ballots for snch election. 



i 3. 



Establishment of the training depart 
mont. 



An Act to provide for ilie estahlisliment and maintenance of manual 
training departments for hi(jh schools. Approved June 3, 1897, 
in force July 1, 1807. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That upon the peti- 
tion of not less than fifty voters of any high school district, filed 
with the township treasurer at least fifteen days jDreceding the regu- 
lar election of members of the board of education for said high 
school district, it shall be the duty of the said treasurer to notify 
the voters of said district that an election '"For" or "Against" the 
establishment of a manual training department for said high school 
will be held at the next annual election of the board of education 
by posting notices of such election in at least ten of the most pub- 
lic places throughout the township for at least ten days before the 
day of such regular election, which notice may be in the following 
form : 

HIGH SCHOOL ELECTION. 

Notice is hereby g-iven that on Saturday, the day of April, 

A. p , an election will be held at for the purpose of 

voting "For" or "Against" the proposition to establish a manual training de- 
partment for the high school in township No , range No The 

polls for said election will be opened at o'clock and close at o'clock 

of said dav. 



Township Treasurer. 

§ 2. The ballots for such election shall be received and canvassed 
as in other elections, and may have on them the names of the board 
of educa'ion voted for at said election. 

§ 3. If a majority of the votes cast at such election shall be in 
favor of establishing a manual training department for the high 
s :hool is said district, it shall be the duty of the board of education 
to establish and maintain therein such department as a part of the 
high school. 



106 



APPENDIX. 

[Containing acts establisliing State Normal Schools, providing for Coitnty Normal Schools 
and providing for State Scholarships in the University of Illinois. J 



ILLINOIS STATE NORMAL UNIVERSITY, NORMAL. 

An Act for the esiahllsJiment and maintenance of a Normal Uni- 

versiftj. 

Section 1. Be it enacted by tlie People of the State of Illinois, 
represented in the General Assembly: That C. B. Denio, of Jo- 
Daviess county, Simeon Wright, of Lee county, Daniel Wiikins, of 
McLean county, C. E. Hovey, of Peoria county, Greorge P. Rex. of 
Pike county, Samuel W. Moulton, of Shelby county, John Gillespie, 
of Jasper county, George Bunsen, of St. Clair county, Wesley Sloan, 
of Pope county," Ninian W. Edwards, of Sangamon county. John 
Eden, of Moultrie county, Flavel Mosley, of Cook county, William 
H. Wells, of Cook county, Albert E. Shannon, of White county, and 
the Superintendent of Public Instruction, ex-officio, with their asso- 
ciates, who shall be elected, as herein provided, and their successors 
are hereby created a body corporate and politic, to be styled '-'The 
Board of 'Education of the State of Illinois,"' and by that name and 
style shall have perpetual succession, and have power to contract and 
be contracted with, to sue and be sued, to plead and be impleaded, to 
acquire, hold and convey real and personal property; to have and use 
a common seal, and to alter the same at pleasure: to make and estab- 
lish by-laws and alter or repeal the same as they shall deem necessary 
for the government of the normal university hereby authorized to be 
established, or any of its departments, officers, students or employes, 
not in conllict wath the constitution and laws of this State or of the 
United States; and to have and exercise all powers, and be subject 
to all duties usual and incident to trustees of corporations. 

§ 2. The Superintendent of Pnblic Instruction, by virtue of his 
office, shall be a member and secretary of said board, and shall re- 
port to the Legislature at its regular sessions the condition and ex- 
penditures of said normal university, and communicate such farther 
information as the said board of education or the Legislature may 
direct. 

§ ;i No mcQiber of the board of education shall receive any com- 
pensation for attendance on the meetings of the board, except his 
necessary traveling expenses; which shall be paid in the same man- 
ner as the instructors employed in the said normal university shall 
be paid. At all the stated and other meetings of the board, called 
by the president or secretary, or any five members of the board, five 
members shall constitute a quorum," provided all shall have been duly 
notified. 



107 

§ 4. The objects of the said normal university shall be to qualify 
teachers for the common schools of this State, by imparting instruc- 
tion in the art of teaching, and all branches of study which pertain 
to a common school education; in the elements of the natural 
sciences, including agricultural chemistry, animal and vegetable 
physiology; in the fundamental laws of the United States and the 
State of Illinois, in regard to the rights and duties of citizens, and 
such other studies as the board of education may, from time to time, 
Ijrescribe. 

i^ 5. The board of education shall hold its first meeting at the 
office of the Superintendent of Public Instruction, on the first Tues- 
day in May next, at which meeting they shall appoint an agent, fix- 
ing his comi^ensation, who shall visit the cities, villages and other 
places in the State, which may be deemed eligible for the purpose, 
to receive donations and proposals for the establishment and main- 
tenance of the normal university. The board shall have power, and 
it shall be their duty, to fix the permanent location of said normal 
university, at the place where the most favorable inducements are 
offered for that purpose: Provided, that such location shall not be 
difficult of access, or detrimental to the w^elfare and prosperity of 
said normal university. 

§ 6, The board of education shall appoint a principal, lecturer 
on scientific subjects, instructors and instructresses, together with 
such other officers as shall be required in the said normal university; 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause, after 
liaving given ten days' notice of any charge, which may be duly pre- 
:iented, and reasonable opportunity for defense. They shall also pre- 
scribe the text books, apparatus and furniture to be used in the uni- 
versity, and provide the same;, and shall make all regulations neces- 
sary for its management. And the board shall have' power to 
recognize auxiliary institutions when deemed practicable: Provided, 
that such auxiliary institutions shall not receive any approiDriation 
from the treasury, or the seminary or university fund. 

§ 7. Each county in the State shall be entitled to gratuitous in- 
struction for one* pupil in said normal university; and each repre- 
sentative district shall be entitled to gratuitous instruction for a 
number of pupils equal to the number of representatives in said dis- 
trict, to be chosen in the following manner: The school commis- 
sioner [county superintendent] in each county shall receive and 
register the names of all applicants for admission to said normal uni- 
versity, and shall present the same to the county court, or, in counties 
^acting under township organization, to the board of supervisors, 
vrhich said county court or board of supervisors, as the case may be. 
shall, together with the county commissioner, examine all applicants 
so presented, in such a manner as the board of education may di- 
rect, and from the number of such as shall be found to possess the 
requisite qualifications, such pupils shall be selected by lot; and in 
representative districts conqDosedof more than one county, the school 



* Made two by act approved February 14,lSul. 



108 

commissioner and the county judge, or the school commissioner and 
chairman of the board of supervisors, in counties acting under town- 
ship organization, as the case may be, of the several counties com- 
posing such representative district, shall meet at the clerk's office of 
the county court of the oldest county, and from the applicants so 
presented to the county court, or board of supervisors, of the several 
counties represented, and found to possess the requisite qualifica- 
tions, shall select by lot the number of pupils to which said district 
is entitled. The board of education shall have the discretionary 
powder, if any candidate does not sign and file w^ith the secretary of 
the board a declaration that he or she shall teach in the public schools 
within the State, in case that engagements can be secured by reason- 
able efforts, to require such candidate to provide for the payment of 
such fees for tuition as the board may prescribe. 

§ 8. The interest of the university and seminary fund, or such 
I3art thereof as may be found necessary, shall be and is hereby ap- 
propriated for the maintenance of said normal university, and shall 
be paid on the order of the board of education from the treasury of 
the State; but in no case shall any part of the interest of said fund 
be applied to the purchase of sites, or for buildings for said uni- 
versity. 

§ 9. The board shall have power to appropriate the one thousand 
dollars received from the Messrs. Merriam, of Springfield, Massa- 
chusetts, by the late Superintendent, to the purchase of apparatus 
for the use of the normal university, when established, and hereafter 
all gifts, grants and demises which may be made to the said normal 
university shall be applied in accordance with the wishes of the 
donors of the same. 

§ 10. The board of corporators herein named, and their succes- 
sors, shall each of them hold their office for the term of six years: 
Provided, that at the first meeting of said board, the said corporators 
shall determine by lot, so that one-third shall hold their office for two 
years, one-third for four years and one-third for six years. The 
Governor, by and with the advice and consent of the Senate, shall 
fill all vacancies which shall, at any time, occur in said board, by ap- 
pointment of suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each biennial meet- 
ing thereafter, it shall be the duty of said board to elect one of their 
number president, wdio shall serve until the next biennial meeting of 
the board, and until his successor is elected. 

§ 12. At each biennial meeting, it shall be the duty of the board 
to appoint a treasurer, who shall not be a member of the board, and 
who shall give bond with such security as the board may direct, con- 
ditioned for the faithful discharge of the duties of his office. 

§ 13. This act shall take effect on and after its passage, and be 
published and distributed as an appendix to the school law. 

Approved February 18, 1857. 



109 

SOUTHERN ILLINOIS NORMAL UNIVERSITY, CARBONDALE. 

An Act to establish and maintain the Southern Illinois Normal 

University. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Southern Illinois Nor- 
mal University, to have perpetual succession, with power to contract 
and be contracted with, to sue and be sued, to plead and be im- 
pleaded, to receive, by any legal mode of transfer or conveyance, 
property of any description, and to have, hold and enjoy the same, 
\vith the rents and profits thereof, and to sell and convey the same: 
also, to make and use a corporate seal with power to break or change 
the same, and to adopt by-laws, rules and regulations for the govern- 
ment of its members, officers, agents and employes: Provided, such 
by-laws shall not conflict with the Constitution of the United States 
or of this State. 

§ 2. The objects of the said Southern Illinois Normal University 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
w^hich pertain to a common school education, in the elements of the 
natural sciences, including agricultural chemistry, animal and 
vegetable physiology, in the fundamental laws of the United States, 
and of the State of Illinois, in .regard to the rights and duties of 
citizens, and such other studies as the board of education ma}-, from, 
time to time prescribe. 

§ 3. The powers of the said corporation shall be vested in, and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, appoint five citizens of 
the State as trustees of said institution, two of whom shall serve for 
two years, and three for four 3^ears, and until their successors are 
aj)pointed and enter on duty, and successors in each class shall be 
appointed in like manner for four years: Provided, that in case of 
a vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that not 
more than two members of said board shall be residents of any one 
county. 

§ 5. The said trustees shall hold their first meeting at Centralia, 
within one month after the passage of this act, at which meeting 
they shall elect one of their body as president and another as 
secretary; and cause a regular record to be made and kept of all 
their proceedings. The said board shall also, whenever his services 
shall be required, appoint a treasurer, not a member of the board, 
who shall give bonds to the People of the State of Illinois in double 
the amount of the largest sum likely to come into his hands, the- 
penalty to be fixed by the board, conditioned for the faithful dis- 
charge of his duties as treasurer, with two or more securities; the 
treasurer may also be required to execute bonds from tim.3 to time 
as the board may direct. 



110 

§ 6. The treasurer shall keep an accurate account of all monej^s 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employe of this board shall be 
a party interested in any contract for materials, su^jplies or services 
other than such as pertain to their positions and duties. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that x^ui'pose. And the 
trustees shall, ten days previous to each regular session of the Gen- 
eral Assembly, submit to the Governor a report of all their actions 
and proceedings in the execution of their trust, with a statement of 
all accounts connected therewith, to be by the Governor laid before 
the General Assembly. 

§ 9. The said board shall meet quarterly at such places or place 
as may be agreed on, and, until the buildings are completed, as 
much oftener as may be necessary; and thereafter the meetings shall 
be at the university. 

§ 10. The trustees shall, as soon as practicable, advertise for pro- 
posals from localities desiring to secure the location of said normal 
university, and shall receive, for not less than three months from the 
date of their first advertisement, i^roposals for points situated as 
hereinafter mentioned, to donate lands, buildings, bonds, moneys, or 
other valuable consideration, to the State in aid of the foundation 
and support of said university; and shall, at a time previously fixed 
by advertisement, open and examine such proposals, and locate the 
institution at such a point as shall, all things considered, offer the 
most advantageous conditions. The land shall be selected south of 
the railroad, or within six miles north of said road, j)assing from St. 
Louis to Terre Haute, known as the Alton and Terre Haute railroad, 
with a view of obtaining a good supply of water and other conven- 
iences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to contract for the erection of buildings in 
which to furnish educational facilities for such number of students 
as hereinafter provided for, together with the out-houses required for 
use, also for the improvement of the land so as to make it available 
for the use of the institution. The buildings shall not be more than 
two stories in height, and be constructed upon the most approved 
plan for use, shall front the east, and shall be of suffiient capacity to 
accommodate not exceeding three hundred students, with the officers 
and necessary attendants. The outside walls to be of hewn stone or 
brick, partition walls of brick, roofs of slate, and the whole buildings 
made fire-proof, and so constructed as to be warmed in the most 
healthy and economical manner, with ample ventilation in all its 
parts. The out-houses shall be so xolaced and constructed as to 
avoid all danger to the main buildings from fire originating in any 
one of them. The board shall appoint an honest, competent super- 
intendent of the buildings and improvements aforesaid, whose duty 



Ill 

shall be to be always present during the progress of the work, and 
see that every stone, brick and piece of timber used is sound and 
properly placed, and whose right it shall be to require contractors 
and their employes to conform to his directions in executing their 
contracts: Provided, lioiccver, that said board of trustees may 
appoint any one of their number such superintende^it: And, pro- 
vided farther, that the buildings aforesaid may be erected and 
improvements made under the direction of the board and its super- 
intendent, without letting the same to contractors. 

g 12. The said board of trustees shall appoint instructors and 
instructresses, together with such other officers as may be required 
in the said normal university; fix their respective salaries and 
prescribe their several duties. They shall also have power to remove 
any of them for proper cause after having given ten davs" notice of 
any charge which may be duly presented, and reasonable opportunity 
of defense. They shall also prescribe the text books, apparatus and 
furniture to be used in the university and provide the same, and 
shall make all regulations necessary for its management. 

§ 13. All the counties shall be entitled to gratuitous instruction 
for two pupils for each county in said normal university, and each 
representative district shall be entitled to gratuitous instruction for 
a number of pupils equal to the number of representatives in said 
district, to be chosen in the following manner: The superintendent 
of schools in each county shall receive and register the names of all 
applicants for admission in said normal university, and shall present 
the same to the county court, or, in counties acting under township 
organization, to the board of supervisors, which said county court 
or board of^supervisors, as the case may be. shall, together with the 
superintendent of schools, examine all applicants so presented, in 
such manner as the board of trustees may direct: and from the num- 
ber of such as shall be found to possess the requisite qualifications, 
such pupils shall be selected by lot, and in representative districts 
composed of more than one county, the superintendent of schools 
and county judge, or the superintendent of schools and chairman of 
the board of supervisors in counties acting under township organi- 
zation, as the case may be, of the several counties composing such 
representative district, shall meet at the clerk's office of the county 
court of the oldest county, and from the applicants so presented to 
the county court or board of supervisors of the several counties 
represented, and found to possess the requisite qualifications, shall 
select by lot the number of i3upils to which said district is entitled. 
The board of trustees shall have discretionary power, if any candi- 
date does not sign and file with the secretary of the board a 
declaration that he or she will teach in the public schools within 
the State not less than three years, in case that engagements can be 
secured by reasonable efforts, to require [the] candidate to provide 
for the payment of such fees for tuition as the board may prescribe. 
§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, and to supply the necessary furniture for the same. 



112 

the sum of seventy-five thousand dollars is hereby api^ropriated out of 
the State treasury, paj^able on the orders of said board, as required 
for use, in sums not exceeding ten thousand dollars per month. The 
first payment to be made on the first day of June next, and subse- 
quent payments monthly thereafter, but each successive order for 
subsequent payments shall be accompanied by an account sustained 
by vouchers, showing, to the satisfaction of the Auditor, the expen- 
diture of the previous payment. 

§ 15. The expense of building, improving, repairing and sup- 
plying fuel and furniture, and the salaries or compensation of the 
trustees, superintendent, assistants, agents and employes, shall be a 
charge upon the State treasury: all other expenses shall be charge- 
able against pupils, and the trustees shall regulate the charges 
accordingly. 

§ 16. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to 
make orders on the Auditor, directing him to issue warrants at the 
end of each quarter of the fiscal year for amounts sufficient to pay 
the expenses chargeable against the State, and the Auditor shall 
issue warrants accordingly, which shall be paid by the Treasurer. 

§ 17. Trustees of this institution shall receive their personal and 
traveling expenses, and the Auditor is hereby authorized to issue his 
warrants quarterly, u^Don taking the affidavit of the trustees as to 
the actual time employed, and their personal and traveling expenses. 

§ 18. This act shall take effect and be in force from and after its 
passage. 

Approved March 9, 1869. 



EASTERN ILLINOIS STATE NORMAL SCHOOL, CHARLESTON. 

An [Act] To establish and maintain the Eastern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois, ■ 
rei^resented in the General Assembly : That a body politic and 
corjoorate is hereby created, by the name of the Eastern Illinois 
State Normal School, to have perpetual succession with power to 
contract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or transfer or conveyance 
property of any description, and to have and hold and enjoy the 
same; also to make and use a corporate seal with iDower to break or 
change the same, and adopt by-laws, rules and regulations for the 
government of its members, official agents and employes: Provided, 
such by-laws shall not conflict with the Constitution of the United 
States or of this State. 

§ 2. The object of the said Eastern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 



113 

imparting instructions in the art of teaching in all branches of study 
which pertain to a common school education; in the elements of the 
natural and of the physical sciences; in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights 
and duties of citizens. 

§ P>. The powers of the said corporation shall be vested [in] and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate, 
and, by and with the advice of the Senate, appoint five citizens who 
shall be residents of the State outside of the territory within which 
this school is to be located, as trustees of said institution, two of 
whom shall serve for two years and three for four years, and until 
their successors a/e appointed and enter on duty; and successors in 
each class shall be appointed in like manner for four years: Pro- 
vided, that in case of a vacancy by death or otherwise, the Governor 
shall appoint a successor for the remainder of the term vacated: Fro- 
vided, that no two members of said board shall be residents of any 
one county or in one senatorial district. The Superintendent of Pub- 
lic Instruction shall be a trustee of said school, ex-officio. 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body as president and another 
as secretary, and cause a regular record to be made and kept of all 
their proceedings. The said board shall also, whenever his services 
shall be required, appoint a treasurer, not a member of the board, who 
shall give bonds to the People of the State of Illinois in double the 
amount of the largest sum likely to come into his hands, the penalty 
to be fixed by the board, conditioned for the faithful discharge of 
his duties as treasurer, with two or more securities; the treasurer 
may also be required to execute bonds from time to time as the board 
may direct. 

§ G. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employe of the board sliall be a 
party to, or interested in, any contract for materials or supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
jDersons as may be designated by law for that purpose. And the 
trustees shall, ten days previous to each regular session of the Gen- 
eral Assembly, submit to the Governor a rej^ort of all their actions 
and proceedings in the execution of their trust, with a statement of 
all accounts connected therewith, to be by the Governor laid before 
the General Assembly. 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as much 



114 

oftener as may be necessary, and thereafter the meetings shall be at 
the school. 

§ 10. The trustees shall, as soon as practicable after their ap- 
pointment, arrange to receive from the localities desiring to secure 
the location of said school, proposals for donation of a site, of not 
less than forty acres of ground, and other valuable considerations, 
and shall locate the same in the place offering the most advantageous 
conditions, all things considered, in that portion of the State lying 
north of the Baltimore & Ohio Southwestern Eailroad, and south of 
the Wabash Railroad, and east of the main line of the Illinois Cen- 
tral Railroad, and the counties through which said roads run, with a 
view of obtaining a good water supply and other conveniences for 
the use of the institution. 

§ 11. Upon the selection and securiug of the land aforesaid, the 
trustees shall proceed to secure plans, and to contract for the erec- 
tion of buildings in which to furnish educational facilities for such 
number of students as hereinafter provided for, together with the 
out-houses required for use; also for the improvement of the land so 
as to make it available for the use of the institution. The buildings 
shall not be more than two stories in height, and be constructed upon 
the most approved plans for use, and shall be of sufficient capacity 
to accommodate not less than one thousand students, with the offi- 
cers and necessary attendants. The outside walls to be of hewn 
stone or brick, partition walls of brick, or equally good fire-proof 
material; roof of slate, and the whole buildings made fire resisting, 
and so constructed as to be warmed in the most healthful and eco- 
nomical manner, with ampl? ventilation in all its parts. The out- 
houses shall be so placed and constructed as to avoid all danger to 
the main buildings from fire originating in any one of them. The 
board shall appoint a trustworthy and competent superintendent of 
the buildings and improvements aforesaid, whose duty it shall be to 
be always present during the progress of the work, and see that every 
brick, stone and piece of timber used is sound and properly placed, 
and whose right it shall be to require contractors and their employes 
to conform to his directions in executing their contracts: Provided. 
Jtowever, that said board of trustees shall not appoint any one of 
their number such superintendent: And, provided fiirflter, that 
the buildings aforesaid maybe erected and improvements made under 
the direction of the board and superintendent, without letting the 
same to contractors. 

§ 12. The said board of trustees shall appoint instructors, together 
with such other officers as may be required in the said normal schools, 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause after 
having given ten days' notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text-books, apparatus and furniture to be used in the 
school, and provide the same, and shall make all regulations neces- 
sary for this management. 



115 

§ 13. All the counties of the State shall be entitled to gratuitous 
instruction for two pupils for each county in said normal school, and 
each representative district shall be entitled to ^-ratuitous instruction 
for a number of pupils equal to the number of representatives in 
said district, to be chosen in the following manner; The superin- 
tendent of schools in each county shall receive and register the 
names of all applicants for admission in said normal school, and 
shall present the same to the county court, or in counties acting under 
township organization, to the board of supervisors, as the case may 
be, shall, together with the superintendent of schools, examine all 
applicants so presented, in such manner as the board of trustees may 
direct; and from the number of such as shall be found to possess the 
requisite qualifications, such pupils shall be selected by lot; and in 
representative districts composed of more than one county, the su- 
perintendent of schools and county judge, or the superintendent of 
schools and the chairman of the board of supervisors in counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district, shall meet at 
the clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to possess the 
requisite qualifications, shall select by lot the pupils to which said 
district is entitled. The board of trustees shall have discretionary 
power, if any candidate does not sign and file with the secretary of 
the board a declaration that he or she will teach in the public schools 
within the State not less than three years, in case that engagements 
can be secured by reasonable efforts, to require the candidate to pro- 
vide for the payment of such fees for tuition, as the board may pre- 
scribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, to supply the necessary furniture for the same, and 
for the first year's instruction, the sum of fifty thousand dollars is 
hereby appropriated out of the State treasury, payable on the orders 
of said board, as required for use, in sums not exceeding ten thou- 
sand dollars per month ; the first payment to be made on the first day 
of July, 1896, and subsequent payments shall be accompanied by an 
account, sustained by vouchers, showing to the satisfaction of the 
Auditor and with the approval of the Governor, the expenditure of 
the previous payment. 

§ 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, and the necessary appliances and appara- 
tus for conducting said school, and the salaries or compensation of 
trustees, superintendent, assistants, agents and employes, shall be a 
charge upon the State treasury; all other expenses shall be charge- 
able against pupils and the trustees shall regulate the charges accord- 
ingly. 

§ 16. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to make 



116 

orders on the Auditor, directiiii? him to issue warrants at the end of 
each quarter of the fiscal 3^ear for amounts sufficient to pay expenses 
chargeable against the State out of the above named appropriation 
of fifty thousand dollars, and the Auditor shall issue warrants accord- 
ingl}^ which shall be xDaid by the Treasurer. 

§ 17. The trustees of the institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
warrants quarterly, upon taking the affidavit of the trustees as to the 
actual time employed, and their personal and traveling expenses. 

Approved May 22, 1895. 



XORTHERX ILLINOIS STATE NORMAL SCHOOL, DEKALB. 

An Act to establisJi and to inauitain the Northern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly: That a body politic and 
corporate is hereby created, by the name of the Northern Illinois 
State Normal School, to have perpetual succession, with x^ower to 
contract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or transfer or convej^ance 
property of any description, and to have and hold and enjoy the 
same; also to make and use a corporate seal with power to break or 
change the same, and adopt by-laws, rules and regulations for the 
government of its members, official agents and employes: Provided,. 
such by-laws shall not conflict with the Constitution of the United 
States or of this State. 

§ 2. The object of the said Northern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, in the elements of the 
natural and of the physical sciences, in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights and 
duties of citizens. 

§ 3. The powders of the said corporation shall be vested in, and its 
duties performed by, a board of trustees, not exceeding five in num- 
ber, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate,, 
and by and with the advice of the Senate, appoint five citizens of the 
State as trustees of said institution, two of whom shall serve for two 
years, and three for four years, and until their successors are ap- 
pointed and enter on duty, and successors in each class shall be ap- 
pointed in like manner for four years: Provided, that in case of a 
vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that no two 
members of said board shall be residents of any one county, or in one 
congressional district. The Superintendent of Public Instruction, 
shall be a trustee of this school, ex-officio. 



117 

g 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into 

effect, at which meeting they shall elect one of their body as president 
and another as secretar^^ and cause a regular record to be made and 
kept of all their iDroceedings. The said board shall also, whenever 
his services shall be required, aiopoint a treasurer, not a member of 
the board, who shall give bonds to the People of the State of Illinois 
in double the amount of the largest sum likely to come into his 
hands, the penalty to be fixed by the board, conditioned for the faith- 
ful discharge of his duties as treasurer, with two or more securities; 
the treasurer may also be required to execute bonds from time to time 
as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind i3urchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employe of the board shall be a 
party to or interested in any contract for materials or supplies. 

§ 8, Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that purpose. And the trus- 
tees shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statemelit of all ac- 
counts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The said board shall meet quarterly at such lolace or places 
as may be agreed on, and, until the buildings are completed, as much 
■oftener as necessary, and thereafter the meetings shall be at the 
school. 

§ 10. The trustees shall, as soon as practicable after their apx^oint- 
ment, arrange to receive from the localities desiring to secure the 
location of such school, proposals for the donation of a site, of not 
less than forty acres of ground, and other valuable considerations, 
and shall locate the same in the place offering the most advantageous 
conditions, all things considered, as nearly central as possible in that 
portion of the State lying north of the main line of the C, R. I. & P. 
R. R., with a view of obtaining a good water supply and other con- 
veniences for the use of the institution. 

§ 11. Upon the selection and securing the land aforesaid, the 
trustees shall proceed to secure plans and to contract for the erection 
of buildings in which to furnish educational facilities for such num- 
ber of students as hereinafter provided for, together w^ith the out- 
houses required for use, also for the improvement of the land so as 
to make it available for the use of the institution. The building shall 
not be more than two stories in height, and be constructed upon the 
most approved plan for use, and shall be of sufficient capacity to ac- 
commodate not less than one thousand students, with the officers and 
necessary attendants. The outside walls to be of hewn stone or 
.brick; partition walls of brick, or equally good fire-proof material; 



118 

roof of slate, and the whole buildings made fire-resisting, and so con- 
structed as to be warmed in the most healthful and economical man- 
ner, with ample ventilation in all its parts. The outhoases shall be 
so placed and constructed as to avoid all danger to the main build- 
ings from fire originating in any one of them. The board shall ap- 
point a trustworthy and competent superintendent of the buildings 
and improvements aforesaid, whose duty it shall be to be always pres- 
ent during the progress of the work, and see that every brick, stone 
and piece of timber used is sound and properly placed, and whose 
right it shall be to require contractors and their employes to conform 
to his directions in executing their contracts: Provided, however, 
that said board of trustees shall not appoint any one of their number 
such superintendent: And, provided further, that the buildings 
aforesaid may be erected and improvements made under the direc- 
tion of the board and superintendent, without letting the same tO' 
contractors. 

§ 12. The said board of trustees shall appoint instructors, together 
with such other officers as may be required in the said normal schools,, 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause after 
having given ten days notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text books, apparatus and furniture to be used in the school 
and provide the same, and shall make all regulations necessary for 
this management. 

§ 13. All the counties of the State shall be entitled to gratuitous 
instruction for two pupils for each county in said normal school, and 
each representative district shall be entitled to gratuitous instruc- 
tion for a number of pupils equal to the number of representatives 
in said district, to bo cho^sen in the following manner: The superin- 
tendent of schools in each county shall receive and register the 
names of all applicants for admission in said normal school, and shall 
present the same to the county court, or in counties acting under 
township organization, to the board of supervisors, as the case may 
be. shall, together with the superintendent of schools, examine all 
applicants so presented, in such manner as the board of trustees may 
direct, and from the number of such as shall be found to possess the 
requisite qualifications, such pupils shall be selected by lot, and m 
representative districts composed of more than one county, the super- 
intendent of schools and county judge, or the superintendent of 
schools and the chairman of the board of supervisors in the counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district, shall meet at 
the clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to possess the 
requisite qualifications, shall select by lot the pupils to which said 
district is entitled. The board of trustees shall have discretionary 
power, if any candidate does not sign and file with the secretary ot 
the board a declaration that he or she will teach in the public schools- 
within the State not less than three years, in case that engage- 



119 

merits can be secured by reasonable efforts, to require the candidate 
to provide for tiie payment of such fees for tuition as the board may 
prescribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvement preparatory to the reception of pupils in said 
institution, to supply the necessary furniture for the same, and for 
the first year's instruction, the sum of fifty thousand dollars is hereby 
appropriated out of the State treasury, payable on the orders of 
said Iward, as required for use, in sums not exceeding ten thou- 
sand dollars per month, the first payment to be made on the first day 
of July, 1896, and subsequent payments shall be accomx)anied by an 
account, sustained by vouchers, showing to the satisfaction of the 
Auditor the expenditure of the previous payment, and approved by 
the Governor. 

§ 15. The expense of the building, improving, repairing and 
supplying fuel and furniture, and the necessary appliances and a^)- 
paratus for conducting said school, and the salaries or compensation 
of the trustees, superintendent, assistants, agents and emxDloyes, shall 
be a charge upon the State treasury; all other expenses shall be 
chargeable against pupils, and the trustees shall regulate the charges 
accordingly. 

§ 16. If the buildings and improvements herein provided for shall 
be ready for the reception of pu^Dils before the next regular session of 
the General Assembly, the Governor is authorized to make orders on. 
the Auditor, directing him to issue warrants at the end of each quar- 
ter of the fiscal year for amounts sufficient to pay expenses charge- 
able against the State out of the above named appropriation of fifty 
thousand dollars, and the Auditor shall issue warrants accordingly, 
which shall be paid by the Treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to 
issue warrants quarterlj^ upon taking the affidavit of the trustees 
as to the actual time employed, and their personal and traveling- 
expenses. 

Approved May 22, 1895. 



COUNTY NORMAL SCHOOLS. 

An Act fo enable counties to es{((()h'sh county nornuil schools. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in ilie General Assembly : That in each county adopt- 
ing township organization, the board of suj^ervisors, and in other 
counties the county court, may establish a county normal school for 
the purpose of fitting teachers for the common schools. That they 
shall be authorized to levy taxes and ai^propriate moneys for the suj)- 



120 

port of said schools, and also for the purchase of necessary grounds 
and buildings, furniture, apparatus, etc., and to hold and acquire, by 
gift or purchase, either from individuals or corporations, any real 
estate, buildings or other property, for the use of said schools, said 
taxes to be levied and collected as all other county taxes: Provided, 
that in counties not under township organization, county courts shall 
not be authorized to proceed under the provisions of this act until 
the subject shall have been submitted to a vote of the people, at a 
general election, and it shall appear that a majority of all the votes 
cast on the subject, at said election, shall be in favor of the establish- 
ment of a county normal school. The ballots used in voting on this 
subject may read "For a county normal school," or "Against a county 
normal school." 

§ 2. The management and control of said school shall be in a 
county board of education, consisting of not less than five or more 
than eight persons, of which board the chairman of the board of 
supervisors or the judge of the county court, as the case may be, and 
the county superintendent of schools, shall be ex-officio members. 
The other members shall be chosen by the board of supervisors or 
county court, and shall hold their offices for the term of three years. 
But at the first election one-third shall be chosen for one year, one- 
third for two years, and one-third for three years, and thereafter one- 
third shall be" elected annually. Said election shall be held at the 
annual meeting of the board of supervisors in September, or at the 
September term of the county court, as the case may be. 

§ 3. Said board of education shall have power to hire teachers, 
and to make and enforce all needful rules and regulations for the 
management of said schools. A majority of said board shall consti- 
tute a quorum for the transaction of business, and a meeting of said 
board may be called at any time by the president or secretary, or by 
any three'^of the members thereof. Said board shall proceed to or- 
ganize, within twentv days after their appointment, by electing a 
president, who shall hold his office for one year, and until his suc- 
cessor shall be appointed. The county superintendent shall be, ex- 
officio, secretary of the board. Said board shall make to the board 
of supervisors, at their annual meeting in September, or to the 
county court at the September term, as the case may be, a full re- 
port of the condition and expenditures of said county normal school, 
together with an estimate of the expenses of said school for the en- 
suing year. 

§ 4. Two or more counties may unite in establishing a normal 
school, in which case the per cent, of tax levied for the support of 
said school shall be the same in each county. 

§ 5. In all counties that have already established normal schools, 
the action of the board of supervisors in so doing, and all appropria- 
tions made by them for their support, are hereby legalized, and said 
board of supervisors are hereby authorized and empowered to make 
further appropriations for the support of such schools already es- 
tablished, until such schools shall have been established under the 
previous sections of this act. 



121 

>^ 6. No member of the aforesaid countj- board of education shall 
be entitled to compensation for services rendered as a member of 
such board. 

§ 7. This act shall be in force from and after its passage. 

Approved March 15, 1869. 



THE ILLINOIS UNIVERSITY. 

An Act to provide for State scliolarships in the University of Illi- 
nois, and tJie manner of award iru/ the same. Approved June 24, 
1895. In force Julij 1,1895. 

Section- 1. Be it enacted, by the People of the State of Illinois, 
represented in the General Assembly : That to equalize the advan- 
tages of the University of Illinois to all parts of the State, there 
shall be awarded annually, as hereinafter provided, to each county 
of the State one State scholarship, which shall entitle the holder 
thereof, who shall be a resident of the senatorial district to which he 
is accredited, to instruction in any or all departments of said l^niver- 
sity of Illinois for a term of four years, free from any charge for 
tuition or any incidental charge, unless such incidental charges shall 
liave been made for materials used or for damages needlessly done to 
property of the University: Provided, that in counties having two 
or more senatorial districts, there shall be awarded annually one 
additional scholarship for each of said senatorial districts. 

§ 2. A competitive examination under the direction of the Super- 
intendent of Public Instruction shall be held at the county court 
house in each county of the State upon the first Saturday of June in 
each and every year by the county superintendent of schools, upon 
such branches of study as said Superintendent of Public Instruction 
and the President of said University may deem best. 

S ^. Questions for such examinations shall be prepared and fur- 
n'shecl by the President of the University to the Superintendent of 
Public Instruction, who shall attend to the printing and distribution 
thereof to the several county superintendents of schools prior to such 
examinations. 

§ 4. In case any candidate who shall be awarded a scholar- 
ship ^hall fail to pass the entrance examination to the Uni- 
versity, or shall fail to claim the privileges of such scholarship, 
or, having claimed the privilege^, shall be expelled, or for* any 
reason shall abandon his right to, or vacate, such scholarship, 
either before or after entering thereupon, then the candidate 
certified to be next entitled in the same county shall become 
entitled to the same. In case any scholarship belonging to any 
county shall not be claimed by any candidate resident in that count)"', 
the Superintendent of Public Instruction may till the same by ap- 



122 

pointing some candidate first entitled to a vacancy in some other 
county, after notice has been served upon the county superintendent 
of said first mentioned county. 

§ 5. The county superintendents shall, within ten days after such 
examination, make and file in the office of the Superintendent of 
Public Instruction certificates, in which they shall name all the 
candidates examined, and specify the order of their excellence; and 
such candidates shall, in the order of their excellence, become enti- 
tled to the scholarships belonging to their respective counties. The 
examination papers handed in by each candidate shall also be filed 
with the certificate of examination. 

§ 6. Candidates, to be eligible to said scholarship, shall be at 
least sixteen years of age, and shall have been bona fide residents of 
their respective counties for at least one year immediately preceding 
the examination. 

§ 7. Any student holding a State scholarship, and who shall ' 
make it appear to the satisfaction of the President of the University 
that he requires leave of absence for the purpose of earning funds to 
defray his expenses while in attendance, may, in the discretion of 
the President, be granted such a leave of absence, and may be al- 
lowed a period not exceeding six years from commencement thereof 
for the completion of his course at said University. 

§ 8. Notices of the time and place of the examination shall^ be 
given in the schools having pupils eligible thereto prior to the first 
day of January in each year. The Superintendent of Pablic In- 
struction shall attend to the giving of the notices hereinbefore pro- 
vided for. He may, in his discretion, direct that the examination in 
any county may be held at some other time and place than that 
hereinbefore specified. He shall keep fall records in his department 
of the reports of the different examiners, showing the age. post-office 
address and standing of each candidate, and shall notify candidates 
of their rights under this act. He is hereby charged with the gen- 
eral supervision and direction of all matters in connection with the 
filling of such scholarships. He shall determine any controversy 
which may arise under this act. 

§ 9. Students enjoying the privileges of State scholarships shall, 
in ^common with other students of said University, be subject to all 
the examinations, rules and requirements of the board of trustees- 
and faculty, except as herein provided. 

§ 10. Nothing herein contained shall be construed to prevent the 
board of trustees of said University from granting such other free 
scholarships as in their discretion may be deemed best. 



123 



SOME PRINCIPLES OF ILLINOIS SCHOOL LAW. 



TAKEN FROM THE TWENTY-FIRST BIENNIAL REPORT OF THE DEPARTMENT" 
OF PUBLIC INSTRUCTION, WITH SUCH CHANGES AND ADDITIONS AS 
HAVE BEEN MADE NECESSARY BY LATE DECISIONS OF THE SUPREME 
COURT, AND BY THE SCHOOL ENACTMENTS OF THE FORTIETH GENERAL 
ASSEMBLY. 

APPEALS. 

When petitions are presented for the formation of school districts 
out of territory belonging to several townshij^s, each board of trus- 
tees must act on the petition. If one board refuses to grant it, the 
petitioners may a^jpeal from the action of that board. An appeal 
must be taken from each board that refuses to grant the petition. 

Pending an aj^peal, the children of parents residing in detached 
territory may attend school in the district to which they have been 
annexed by the trustees. 

The failure of the townshii3 treasurer to send all the papers in the 
case, which the law directs him to send to the county superintendent 
of schools, in the time specified, does not defeat the appeal. The 
trustees or the county superintendent, on hearing of such neglect, 
should order that the papers be forwarded. Bateman's Decisions 
revised by Pillsbur}^, page 86. 

BOARD OF DIRECTORS — POWERS AND DUTIES. 

To be eligible to the office of school director a person, either male- 
or female, must be at least twenty-one years of age, able to read and 
write in the English language, a resident of the disM-ict; and such 
person must have resided in this State at least one year. 

The law declares that no person is eligible to the office of school 
director and township trustee at the same time; but, if a school di- 
rector is elected to the office of township trustee, he may resign his- 
directorship and assume the duties of the other office. 

A director can not delegate to another person the power to act as- 
director. 

When a school director moves out of the district, and is no longer 
a legal resident of it, he vacates the office of director, and the re- 
maining members of the board, without delay, should call an elec- 
tion to till the vacancy. 



124 

A bookseller may be elected as a school director, or as a member 
of a board of education; but, when he is elected, and accepts the 
office, and while he remains in such office, he can not, lawfully, sell 
school books or apparatus to pupils of his district. Both the consti- 
tution and the statutes of this State forbid any school officer to be 
interested in the sale of any books, or apparatus to be used in the 
schools with wdiich he is connected. 

When the president of the board refuses to act as president, the 
other members may elect a presiding officer. 

When two directors resign, the remaining director, legally, can call 
an election to till vacancy, and it is his duty to do so. 

The law requires that directors shall be the judges of district elec- 
tions. Therefore, it is legal for a director to serve as judge, although 
he may be a candidate for re-election. 

The law provides that all official business of t-he school district 

shall be transacted at a meeting of the board of directors. When 

board meetings are called, all members should receive due notice 
thereof. 

Prior to the April election, a board of directors can not employ a 
teacher for a time extending beyond the end of the current school year. 

Boards of directors have no right to build an addition to a school 
house without a vote of the people. 

A board of directors does not have the right to x^urchase, build or 
move a school house without a vote of the people. It is necessary, 
therefore, to vote on the proposition to build before directors can 
lawfully appropriate funds for building purposes. 

The board of directors can not, without a special agreement to 
that effect, legally compel a teacher to dismiss school for any jDeriod 
of time and to lose that time. 

When school is dismissed by order of the district board, on account 
of contagious disease or other cause, the teacher is not required to 
lose the time, provided he holds himself in readiness during such 
vacation to perform his duties as teacher. 

A board of directors has the right to determine what branches 
shall be taught in its schools. It can not, however, require teachers 
to teach branches not mentioned in the law, unless such branches 
are designated at the time the contract is made with the teacher. 

A board of directors, in making a contract with a teacher, should 
not require such teacher to forfeit his right to attend institutes held 
under the direction of the county superintendent. The law plainly 
provides that it is the duty of school directors to allow teachers to 
dismiss their schools on institute days, provided that not more than 
live such days shall be so taken during the year, and not more than 
three during any one term. 

The control and supervision of the school house is given to the 
board of directors, and the board may grant the temporary use of it, 
Avhen such use does not interfere with the work of the school, to re- 
sponsible persons, "for religious meetings and Sunday schools, for 



125 

evening schools and literary societies, and for such other meetings 
as the directors may deem proper." Those granted the use of the 
school house should be required to leave it in as good condition as 
they find it. 

There is no provision of law whereby any part of the school funds 
may be paid to a director for services or expenses, except that a 
reasonable sum may be paid to the clerk for services actually per- 
formed as clerk. 

The authority to decide all matters of residence is vested in school 
boards. 

BOARD OF EDUCATION — POWERS AND DUTIES. 

Section 2, article VI, of the School Law provides that when a dis- 
trict contains one thousand inhabitants, there shall be elected a 
board of education to consist of a president and six members. 
Whenever it is conclusively shown that a district contains the re- 
quired population, it is the duty of the directors to call an election 
for a full board of education, to be held on the third Saturday in 
April first following. 

The requirements of eligibility to the office of member of a board 
of education are the same as those specified for a school director. 

Whenever a change is made from a board of directors to a board 
of education, an election must be called for six members and a presi- 
dent. The directors are not entitled to hold over as members of the 
new board, but they are eligible to membership in the new board, by 
election. 

The school law ijrovides that a board of education may select a 
clerk, but it does not require that he be selected from among the 
members of the board. The board may, therefore, select one of its 
number, or it ma}^ select a competent person who is not a member of 
the boiird, to act as secretary. 

As the president of the board of education is not to vote, exceiDt in 
case of a tie, a working quorum of the board consists of a majority 
of the members of it, without counting the president in such ma- 
jority. 

The restraints, powers and duties of a board of education are simi- 
lar to those of a board of directors, except that its powers are ex- 
tended respecting the lengthening of the annual term of school, the 
employment of a superintendent, the examination of teachers, etc. 

BONDS. 

Custom requires that an official bond be given for double the 
amount of property valuation which the officer at any time may have 
in his possession. The board of trustees, or the county superintend- 
ent of schools may require the township treasurer to give a new bondJ 
wdienever it is deemed necessarv. 



126 

The fees for recording township treasurers' bonds should be paid 
out of the distributable funds by either the treasurer or the county 
superintendent. 

The provision of the law limiting the bonded indebtedness of a 
district to five per cent, of its assessed valuation, is a constitutional 
one. While the district should not at any time pass that limit, it has 
the power, in addition thereto, to levy a tax of two per cent, for gen- 
eral school purposes, and three per cent, for building purposes, wdien 
a vote has been taken authorizing the board to b lilcl. 

CALENDAR MONTH. 

When another month is not specified in the contract with the 
teacher, the law defines the school month to be the calendar month. 
Tne law is not mandatory, so far as to take away the right and power 
of school officers and teachers to make a contract by the day, or week, 
or for a month or four weeks. When teaching by the calendar 
month, if the teacher begins w^ith any date of a given month, his 
month of teachins; includes all the school days until the same date of 
the succeeding month. The same rule is easily applied to a term of 
several months. When days are lost by the teacher, they can be 
made up after the expiration of the month or term, on actual school 
days, by consent of the school board. 

CERTIFICATES. 

The certificates of the State are of two kinds, one valid for life and 
the other for five years. These can be obtained, now, only on an ex- 
amiination under conditions prescribed by the State Superintendent 
of Public Instruction and the presidents of the State universities. 
No provision is made for renewing the State certificate, for granting 
it on possession of a diploma, or for endorsing the certificate of an- 
other state. 

The county certificate is of two kinds, wdiich are known as first 
grade and second grade certificates. These can be renewed by the 
endorsement of the county superintendent of schools. The longest 
period for which one can be given is two years, and the shortest is 
one year. 

Every kindergarten teacher connected with the public schools must 
have a certificate as provided by law, certifying that the holder 
thereof has been examined upon kindergarten principles, and is com- 
l^etent to teach the same. 

Every teacher of a class for the deaf in the public schools must 
have received specific instruction in the teaching of the deaf for a 
term of not less than one j^ear, and must have a certificate, as pro- 
vided by law. 

No teacher, lawfully, can be paid public funds for teaching, even 
though he be an assistant or substitute teacher, unless he holds, dur- 
ing the time of his teaching, a license to teach given by a lawful 
authority. 



127 

CORPORAL PUNISHMENT. 

'•Cerlain it is that castigation with the rod is often less cruel than 
sharp words, tones of irony, sarcasm or invective, and less humiliat- 
ing and harmful than some of the substitutes therefor." Bateman's 
Decisions revised by Pillsbury. page 150. 

^^'ithout a rule of the school board, the law permits teachers to 
punish children by whipping. It is held, however, that such pun- 
ishment must be neither unreasonable nor excessive. The offense 
committed must be of such a nature as to justify this punishment. 

A teacher, possibly, would not be justified in inflicting corporal 
punishment for misdemeanors committed by pupils while on the way 
to and from school. A school board, however, can suspend, or even 
•expel, pupils for grave offenses in such cases. 

COUNTY SUPERINTENDENT— POWERS AND DUTIES. 

Every elective office becomes vacant by the occupant ceasing to 
be an inhabitant of the State; or, if the office is local, by his ceasino; 
to be an inhabitant of the district, county, town or precinct for whicli 
he was elected.— Revised Statutes, chapter 46, sec. 125. 

Hence, the office of county superintendent of schools becomes va- 
cant when the incumbent removes from the county, and it is the duty 
of the county board to Ml the office by appointment. 

It is the intention of the law that the county superintendent give 
his personal attention to his official duties. He can not, without the 
consent of the county board, legally deputize another person to visit 
schools in his stead. The assistant who visits schools receives his 
pay from the county treasury, not from the school funds. 

The county superintendent's office expense should be paid from 
the distributable fund. After deducting his commission and paying 
the expense of advertising his examinations of teachers, he should 
distribute the residue of this fund to the townships. 

In matters of controversy pertaining to schools, the county super- 
intendent's opinion should first be obtained. If the parties inter- 
ested are not satisfied with the decision, the law provides that the 
case may be appealed to the State Superintendent on a written state- 
ment of all the facts, certified by the county superintendent. 

COURSE OF STUDY AND ITS ENFORCEMENT. 

A public school board is given power to make a course of study 
withm the limits prescribed by law, and to enforce its observance. ' 

The course of study should include ''the branches of education 
prescribed in the qualifications for teachers." and it may comprise 
''such other branches, including vocal music and drawing, as the 
directors, or the voters of the district at the annual election of direct- 
ors may prescribe." 

The board has power, also, to classify pupils, directing in what 
order they shall pursue the various branches of the course of study, 



128 

insisting tliat they shall be able by mastery of preceding branches to 
do satisfactory work in those they pursue. Since, then, pupils may 
study no branch for which they are not prepared, and teachers and 
school boards are the judges of this preparation, these officers have 
available means, in the exercise of their power, to enforce the observ- 
ance of their course of study to any reasonable extent. 

But, if objection be made in good faith by parents to their chil- 
dren's pursuing some designated branches, through fear of overwork 
or for other good reasons, the parents are allowed to select the 
branches of the x^rescribed course for which their children are fitted. 

Yet, every pupil w^ill be busy in school, and if not employed in 
something helpful, he will be engaged in something harmful to him- 
self and the welfare of the school. Hence, i^arents are expected to 
listen to the representatives of the school management, and not to 
ask for that which not only retards school progress, but, by measur- 
ably unfitting their children for promotion, takes them out of school 
prematurely. It is not well, ordinarily, to have a pupil excused from 
any branch of the prescribed course. 

ELECTIONS. 

Any person, male or female, who is at least twenty-one years of 
age. who can read and write in the English language, and who has 
resided in the State one year next preceding the election or appoint- 
ment, is eligible to any school office. 

All judges and clerks of school elections should be sworn in at or 
before the hour of opening the polls. Judges and clerks of school 
elections are not entitled to pay for their services, except in the few 
districts of the State which have adopted the special election law of 
1885. and have, in consequence, a board of election commissioners 
appointed by the county court. These places are the cities of Chi- 
cago and East St. Louis, and the town of Cicero. 

The law intends that there shall be an annual election in each 
township, and in each school district. If, then, on the day of the 
regular election the voters fail to appear, it becomes the duty of the 
judges to give the legal notice for a special election. 

If the judges of a district election are fully satisfied that the per- 
son elected as director is ineligible, because he can not read and 
write, they are justified in refusing to certify to his election. Such 
a case would necessitate a new election. 

The school law expressh^ provides that, w^hen an election results in 
a tie, the judges shall decide, at once, by lot, who is elected. Pro- 
vision is not made for taking a second ballot in such cases. 

When two or more members of a district board are elected at the 
same time, and the voters make no distinction between long and 
short terms, the directors elected should decide by agreement or by 
lot on the number of years which each shall serve. ^ 

When the judges of a district election make the proper returns, 
certifying to the election of a certain person to the office of school 



129 

director, that person is entitled to hold the office and to perform its 
duties for the term for which he has been elected, or until the elec- 
tion has been declared illegal by a competent court. No power is 
given to a county superintendent or to the State Superintendent to 
declare an election illegal or to set it aside. Persons who contest 
the legality of an election must take their appeal to the county court. 
A board of directors can not legally purchase, build or move a 
school house, build an addition to a school house or locate a site, 
without a vote of the district. 

FUNDS. 

Money levied for general school purposes may be used for build- 
ing purposes after the district has voted to build, provided such fund 
is not needed for the current expenses of the school. 

The law provides that when a district has surplus funds the town- 
ship treasurer may loan such funds, if authorized to do so by a writ- 
ten notice signed by the directors of the district. The directors have 
power to decide whethei^ or not such funds shall be loaned, but the 
conditions of such loans must be the same as those required in the 
loans of township funds. 

The board of trustees is not authorized by law to invest the town- 
ship fund in land, except in cases where it becomes necessary to take 
land for a debt due the township. 

The board of trustees is not permitted to distribute any i^art of 
the permanent fund of the township. But the interest obtained 
from loaning it should be distributed at each semi-annual meeting 
of the board. 

The trustees are liable when they permit the township treasurer to 
lend money contrary to the directions of law. 

When a new district is formed it becomes necessary for the trus- 
tees to divide the property and funds as provided by law. No di- 
vision of funds is contemplated, however, in cases whore territory is 
detached from one district and added to another. 

HOLIDAYS FOR SCHOOLS. 

The law^ does not require a teacher to teach on Saturday. Sunday 
or a legal holiday for schools, nor can a teacher be required to teach 
on other days in place of said days on which he has closed school. 

Legally, a teacher can not claim pay for a holiday unless that holi- 
day occur during his term of teaching and on a school day. Hence, 
the day following a legal holiday which falls on Sunday is not a 
school holiday, unless it be given to the school by the school board, 
which has the power, under section 17 of article VII of the school 
law, to grant the school special holidays on proper occasions. 

The legal holidays for schools in Illinois are New Year's day, 
Fourth of July, Christmas, the thanksgiving and fast days appointed 
by national or State authority, and the special holidays granted the 
school by the school board. 
—9 



130 

The commercial holidays, additional to these, which are designated 
in the statute, including the birthday anniversaries of Washington 
and Lincoln, ''Memorial" and ''Labor" days, are not legal school 
holidays, except as they are given to the school by the school board. 

INSTITUTES. 

Before making engagements to teach in institutes, instructors 
should secure license of the State Superintendent of Public Instruc- 
tion. When the applicant for this license is not known, personally, 
to the State Superintendent, he should file testimonials of worthi- 
ness with his application. These recommendations should be signed 
by capable school men who are known to be reliable. 

Institute funds should be carefully husbanded and expended only 
for the services of ax^proved instructors and for other legitimate ex- 
pense of the institute. The county superintendent receives his per 
diem from the Auditor for conducting the institute, and he is not 
entitled to commission on the institute fund. 

The institute fund is provided to defray the expense of the annual 
institute, which the county superintendent is required to hold ''at 
such time as the schools of the county are generally closed." It 
should not be used for any other purpose. 

When teachers attend other institutes held by their county super- 
intendent during term time, they may claim that their pay be not 
diminished for three days in any one term, or five days in any one 
school year, when this time has been actually spent in attendance on 
such institutes. A contract which forfeits this right is not in accord 
Avith the law, which says that such time '-'shall be considered time 
lawfully expended by such teacher in the service of the district 
where such teacher is employed, and no deduction of wages shall be 
made for such absences, and it shall be the duty of the school offi- 
cers and boards of education to allow teachers to close their schools 
for such attendance upon institutes." 



KINDERGARTEN SCHOOLS. 

When authorized by a majority of all the votes cast at an election 
for that purpose, boards of directors and boards of education are em- 
powered to establish kindergartens in connection with their school 
for the instruction of all children between the ages of four and six 
years. The expense incurred by such kindergarten instruction is to 
be met in the same way as provided for in the other grades and de- 
partments of the public schools. 

OATH OF OFFICE. 

While it would tend to uniformity if school officers should take an 
oath of office before entering on the duties of their office, the Su- 
preme Court, in 79 Illinois, page 511, has decided that a township 
treasurer need not take an official oath on assuming office, and the 



131 



Tule made by the court in that case seems to exempt, also, school 
-trustees, school directors, and members of boards of education from 
taking such oath. 



PETITIONS. 



The courts have decided that a petition for change of school dis- 
trict boundaries must make a case on the face of it; that is, it must 
show that all the necessary requirements of the law have been com- 
plied w^ith. Neither the trustees nor the county superintendent 
have any authority to change or amend a petition that is filed. 

The courts have decided that, in the formation of a new district 
the petition must show that the proposed district contains not less 
than ten families. Hence, the petition can not be granted if in 
such formation, a district would be left with fewer than ten families. 

The law makes no provision for a remonstrance against a petition 
Kemonstrances, therefore, have no legal standing before the board 
ot trustees, and they do not in any way affect the validity of a peti- 
tion It may be proper in some cases to consider a remonstrance as 
evidence, the force of which may be determined by the trustees. 

The law forbids that a change shall be made in the boundary of a 
:School district m which a school filling the requirements of the law 
is kept, except the township in which the district is situated be re- 
districted or the desire for the change be lawfully expressed by a 
designated number of voters living in the district."' This desire for 
change can be expressed by the voters living in districts whose 
boundary lines it is proposed to change, legally, either by vote of 
the people, where the district contains a population of at least one 
thousand inhabitants, or by petition. 

The law defines three classes of changes which may be thus 
^nec teci i 

First— A district may be divided to form two districts, or two or 
more districts may be consolidated to form one district. 

Second— Territory may be detached from two or more districts to 
Torm a new district. 

Third— Territory may be detached from one district and added to 
an adjoining district. 

To eff'ect these three classes of changes, the law describes three 
classes of petitions, and the courts hold that each class of petition is 
suffacient for the class of change for which the law designates it. 
1 hree classes of petition are not required to secure the consideration 
ot a single change m district boundaries. One is sufficient when it 
complies with the conditions which the law specifies in order to 
effect ""^"l'''^^"'^^^^ ^'^^ic^i that class of petition is designed to 

The first class of petition— that signed "bv a majority of the legal 
vo^rs of each of the districts effected by the proposed chan^e"-is 
sufficient for any change which the law allows. The law gives it un- 
limited application. 



132 

The second class of petition — that signed ''by two-thirds of the 
legal voters living within certain territory described in the petition" 
— is sufficient when the purpose is to detach said territory from one 
district and to add it to another which is adjacent. 

The third class of petition — that signed "by two-thirds of all the 
legal voters living within certain teriitory containing not less than 
ten families" — is sufficient for the purpose of asking that said terri- 
tory be formed into a new district, provided that such action would 
not leave any district without ten families. 

It should be observed that, outside of the first class of petitions, 
which is sufficient for any allowable change, the petition is compe- 
tent only for the special purpose for which the law designates it. 

The law does not design to change territory from one district to 
another, unless a desire for that change be expressed by at least a 
majority of the voters living within the territory whose attachment 
it is proposed to change; but, if a petition be allowed for any other 
purpose than that for which the law designates it, the will of the 
majority living in such territory can be disregarded. 

The petition signed by two-thirds of the legal voters living within 
certain territory is sufficient only for the purposes for which it i& 
designated, viz.: in one case to authorize action in the formation of a 
new district, and, in another case, to justify the detachment of terri- 
tory from one district and the addition of it to an adjoining district; 
because the law couples this form of petition with this design. Bift 
this form of petition is not sufficient to justify the consolidation of 
districts, unless the two-thirds of the voters who have signed the 
petition include at least a majority of the voters in each of the dis- 
tricts to be joined. Much less is it sufficient to effect a double pur- 
pose, such as, at the same time and in the same act, the consolidation 
of two districts and the addition to this consolidation pf part of a 
third district, unless the petition includes at least a majority of the 
voters of each of the two entire districts, and two-thirds of the 
voters of the territory of the third district involved in the proposed 
new district. For, if it were otherwise, it would be possible for a 
populous district to absorb less populous districts near it against 
their consent. 



District 


District 


District 


A. 


B. 


c. 


Voting population 


Voting population 


Voting population 


400. 


40. 


20. 



A, B and C may represent the territory of three districts having a 
population of 400, 40 and 20 voters, respectively. Now, if a petition 
signed by two-thirds of the voters living in A and B jointly, 
can justify a consolidation of these districts, three hundred voters of 
A and two voters of B are more than two-thirds of the voters of the 
entire territory of the two districts, and th^y would be able to sign a 
valid petition for this purpose. Bat the granting of a petition 



133 



sigiiod 111 tins way, in opposition to the wishes of nineteen-twentieths 
ot the voters of B, possibly, would be in violation of the spirit of 
oar aws. It would l)e even worse when the double action of con. 
sohdating these two districts and adding part of the territory of a 
third, C, to It, at the same time should be proposed in such petition 



PUPILS. 



The law requires that the school board furnish a sufficient number 
ot tree schools to accommodate all the children of the district over 
SIX and under twenty-one years of age. It empowers school boards 
to rent suitable rooms for this purpose, when the school sittings of 
the district are insufficient. A suitable room, even outside of the 
district lines, may be rented, temporarily, when it is not possible to 
obtain a room within these lines. 

Only the pupils who have legal residence in the district can claim 
tuition in the district, although the law provides for the instruction 
ot non-resident pupils on district permits or by the payment of 
tuition fees. . 

It is held that children who have been apprenticed or adopted into 
another family, or have been placed permanentlv in the care of 
others, are entitled to claim a residence and free tuition in the dis- 
trict where they are located. It is held, also, that children who have 
no permanent home, but go from place to place, as they may be em- 
ployed, are entitled to claim a residence in the district where thev 
are living at the time when they enter school. This department, uni- 
tormly, has advised school boards to be liberal in their arrangements 
with indigent young persons who are struggling to obtain an educa- 

If pupils are sent to school for the entire day, they ought not to 
leave the school premises during the day without consent of the 
teacher. Pupils who go home for dinner are not under the direct 
control ot the teacher until they return to the school grounds. 

Pupils under twenty-one years of age who are graduates of the 
school m their district, have the right to return to it to review their 
studies, or to pursue such branches as are found in other courses 
trom the one in which they graduated. 

SCHOOL SITES. 

^ Outside of a city of at least one hundred thousand inhabitants and 
m one or two cities under special charters, a site for a school house 
can not be located without a vote of the district. 

Hence, while the school board has power to decide when the school- 
house site IS unnecessary, or unsuitable, or inconvenient for a school, 
It It wishes to en arge or to change a school-house site, it is neces- 
sary tor the board to have a vote of the district to obtain the re 
quired authority. 

There is no provision of law whereby directors are compelled to 
call an election for the purpose of voting on the question of chang- 



134 

ing a school-liouse site. The board of directors has the right to de- 
termine whether or not an election is expedient. 

If the school board, in submitting the choice of a school site to a 
vote of the district, does not limit the voters in their expression of 
preference, but allows each one to vote for such site as he prefers, 
and no site receives a majority of the votes cast, the directors have 
power to select a suitable school-house site, and should select the 
one most suitable for the whole district. But if the election is called 
to determine whether or not a specified site or sites shall be chosen, 
a majority of the votes cast is necessary to a selection, and the board 
can not locate the site without such majority vote; it should call 
another election. 

When a district has held undisputed possession of a school-house 
site for a period of twenty years, it may retain possession of such 
site so long as the same is used for school purposes, even though the 
county records show no legal transfer of the site. In such a case 
the purchaser of adjoining property can not ignore the rights of the 
district. 

When the owner of the site which has been legally selected will 
not sell it for a reasonable price, it may be obtained in the manner 
provided by law "for the exercise of the right of eminent domain." 
But no tract of land, outside of the limits of an incorporated city 
or village, situated within forty rods of the dwelling house of the 
owner of the land, can be taken for a school site without the owner's 
consent. 

The titles to school-house sites should be vested in the board of 
township trustees for the use of the districts. When a site is leased 
for school purposes, the lease should be in the name of the board of 
township trustees for the use of the district. 

STATE SUPERINTENDENT. 

It should be remembered that the State Superintendent of Public 
Instruction has not power to revoke a certificate which has been is- 
sued by a county superintendent; nor can he issue a State certificate,, 
except on examination, in accordance with lawful conditions deter- 
mined b}" himself and the presidents of the State universities. 

When a suit involving school matters has been instituted in court 
the questions at issue have passed bej^ond the control of the 
department of public instruction. Then it is not customary for the 
State Superintendent to give any further advice in such cases, as his 
opinion would not change the judgment of the court. 

In matters pertaining to controversies arising in school districts, 
the opinion of the county superintendent should be obtained first. 
If his decision is not satisfactory, the interested parties may appeal 
to the State Superintendent on a written statement of facts pre- 
sented by the county superintendent. 



135 

TAXATION. 

Outside of bonded indebtedness, the school law provides that the 
district school board may levy a tax of two per cent, for general 
school purposes and three per cent, for building purposes, making a 
total of five per cent, for all school purposes. If, however, no build- 
ing tax is required, the tax levy should not exceed two per cent, of 
the assessed valuation of the property of the district. 

TEACHERS. 

When a teacher makes a contract for a specified number of days 
of actual teaching for a month, such a contract has been construed 
to mean a contract by the day, and, under it, the teacher is not en- 
titled to any benefit from holidays. 

A teacher has the right to send home a child who is guilty of 
gross misconduct, but the power to expel a j)upil rests solely with 
the school board. 

A teacher is not compelled to lose the time when school is dis- 
missed by order of the board of directors outside of the provisions 
of contract, and without the consent of the teacher. 

Neither can the teacher make up time lost outside of the 
provisions of contract, without the consent of the school board. 
Time lost can be made up legally only on school days. 

An assistant, or even a substitute teacher, must have a certificate 
to entitle him to draw public money. 

A teacher must not^^be interested in the sale, proceeds or profits of 
any book, apparatus or furniture used, or to be used, in any school 
with which he may be connected. 

TEXT-BOOKS USED IN THE STUDY OF THE EFFECTS OF ALCOHOLIC 

DRINKS, ETC. 

By the provisions of the act requiring and regulating the study of 
phj^siology and hygiene, it is the duty of school boards to furnish the 
books needed by the teachers and pupils in the study of the effects of 
alcoholic drinks and other narcotics. 

TOWNSHIP HIGH SCHOOL — FORMATION. 

The territory constituting a township high school district may be 
composed: First, of the school or congressional township; second, 
of the congressional township wdiich contains the greater part of the 
people of a city having a population of at least one thousand inhab- 
itants and less than one hundred thousand, together with such i^arts 
of other congressional townships as contain the remaining part of 
the population of said city; and third, of such parts of two or more 
congressional towniships as have been formed into a high school 
district on the terms of a written agreement made and signed by the 
boards of trustees of ail the townships involved. 



136 

At least fift}^ voters of the high school district, constituted as 
mentioned above, sign a petition for an election for or against the 
establishment of a township high school, and file it with the town- 
ship treasurers interested, at least fifteen days preceding the regular 
election of township trustees. 

The treasurer with whom a petition is filed gives legal notice that, 
at the next regular election for trustees, an election for or against 
the establishment of a township high school will be held, at which 
the voters of the territory described may vote. 

A majority of the votes cast at a duly called and legally conducted 
election for "or against the establishment of a township high school, 
determines whether the school shall be established or not. 

If, in the territory which it is proposed to form into a township 
high school district, there are more than two polling places at gen- 
eral elections, at least two polling places should be appointed for the 
high school election. Further, if the territory to be formed into a 
high school district lies in tw^o or more congressional townships, the 
voters of this territory vote at polls appointed by their township 
trustees in their own congressional township. Enough iDolling 
places should be opened to accommodate properly all the voters who 
have a right to vote at the election. 

As stated above, the election for or against the establishment of a 
township high school is held at the time of the regular election of a 
trustee. In counties wdiich have township organization the election 
is held on the first Tuesday of April, provided the boundaries of 
the congressional and the political township are coincident; in all 
other cases the time of election is the second Saturday in April. 

If the people of the proposed high school district have voted 
legally for the establishment of a high school, it becomes the duty 
of the board of trustees to call a special election on any Saturday 
w'ithin sixty days from the time of the election establishing the 
tow^nship high school, for the purpose of electing a township board 
of education, consisting of five members, wd:iose duty it is to estab- 
lish and maintain a township high school, as directed by law. 

A high school district usually comprising territory included in 
other school districts is a separate and independent district, and may 
incur debts to the extent of five per cent, of the taxable value of the 
property within its limits, and may also issue bonds for the purpose 
of buying a site and building a school house, the same as any other 
school district, but all the indebtedness of such high school district 
must not exceed such five per cent. 

Whenever the people of two or more congressional townships, or 
parts of two or more congressional townships, wish to cooperate in 
the establishment and maintenance of a high school, it is necessary 
that there be concurrent action of the several boards of trustees 
whose townships or parts of townships would be affected by the 
proposed change, in order to have the proposition submitted to the 
voters. 



187 

TOWNSHIP TREASURER — POWERS AND Dl'TIES. 

The term of the office of township treasurer expires in April of 
the even numbered years. 

A person who is not a legal resident of the township is not eligible 
to the office of township treasurer. 

Women are eligible to the office of township treasurer the same as 
to any other office under the general or special school laws of this 
State. 

Before a township treasurer removes from the township, he should 
resign, in order that his successor may be appointed and may qualify 
in due time. 

In the examination of the township treasurer's l)ooks and accounts, 
the county superintendent has the right to require the treasurer to 
produce balances to the credit of the school funds. 

The township treasurer has no right to lend anv part of the town- 
ship or district funds for his own benefit. 

It is the duty of the treasurer to lend such district funds as are 
not needed for immediate use, when requested in writing to do so 
by the district l)oard. 

A man who is a borrower of the township fund may be appointed, 
legally, as township treasurer, but, in case he accepts the appoint- 
ment, he should pay off his own loan, without delay. 

The township treasurer may require that district election returns 
be made in due form, but he has no power to decide on the legality 
or illegality of an election. 

The township treasurer is not exempt from road labor, although 
trustees of schools, directors and members of boards of education are 
exempt. It may be presumed that this distinction arises from the 
fact that treasurers are paid for their services, while the other 
officials mentioned are not accorded any remuneration. 

The law provides that the township treasurer shall pay all lawful 
orders issued on him. If, for any reason, he doubts the legality of 
an order presented to him, he has the right to refuse payment until 
the legality of such order is established. 

TRUANCY AND NON-ATTENDANCE. 

It is presumed to have been the intention of the Legislature that 
the fines imposed by the provisions of this act should be paid to the 
district. 

Under its provisions, children of legal school age (from 6 to 21 
years) , who are found loafing in public places or without employ- 
ment, or any truant children who absent themselves from school, 
maj' be arrested by the truant officer and placed in charge of a 
teacher. 

A pupil may be absent from school one or two days for good 
cause, and still his attendance may properlv be considered consecu- 
tive. 



138 

There are three ways in which this law may he violated as far as- 
the parent or guardian is concerned: First, it may l)e violated by 
not sending the child to school for sixteen weeks during the school 
year. Second, it may be violated by not requiring twelve of the six- 
teen weeks to be consecutive. Third, it may be violated by not be- 
ginning to send the child, if under ten years of age, to school at the 
beginning of the school year, and if above the age of ten years, not 
later than December first of said school year, or as soon thereafter as- 
notice of the delinquency shall be received. Any one of these con- 
stitutes a violation of the law, and for any one of them the penalty 
may be inflicted, unless good cause can be shown to exist for such 
non-attendance. 

Suit may be commenced under this law by the board of directors- 
or board of education. A truant officer may make complaint in court 
as the agent of the school board. 

TUITION. 

Every proper person of school age is entitled to attend the public 
school of the district in which he has legal residence, without the 
payment of tuition fees, but he is not entitled to attend the school of 
any other district on this condition. This privilege depends on legal 
residence, not on a parent's or guardian's ownership of property. 

Persons who move into a school district temporarily, just for the 
purpose of receiving the benefit of the public school of that district^ 
are not entitled to such privilege free of charge. Only the real resi- 
dents of the district can lawfully claim the right to send their chil- 
dren to its school without j^aying tuition. 

District school boards are empowered to decide cases of questioned 
residence, for school purposes, and the decision is subject to reversal 
only b)^ the courts. 

A board of directors has the right to fix rates of tuition, and may 
require all pupils wdio are non-residents of the district to pay the 
amount fixed. The rate fixed should not be less than the pro ratct 
cost of attendance in the room in wdiich they are instructed. Neither 
should non-resident pupils be admitted when their attendance would 
restrict the advantages of resident pupils. 

VACCINATION OF PUPILS. 

The vaccination of pupils is not mentioned in the school law. Many 
school boards have heretofore considered, that under the direction of 
the State Board of Health, they had the right to make regulations 
admitting to school privileges only those wdio presented satisfactory 
evidence of vaccination. But the Supreme Court recently decided 
that '^The Board of Health can not prescribe conditions upon which 
the citizens of the State may exercise rights guaranteed them by 
public law, and that the privilege of attending public school is theirs, 
given every child of proper age, and that nowhere is found a provi- 
sion of law prescribing vaccination as a condition precedent to the 
exercise of such right.'' 



139 

From this decision it will be seen that a school board has no au- 
thority to suspend a pupil from school privileges because he is not. 
vaccinated. 

In ivhat ivajj can school officers secure the vaccination of school 
children laivfully? 

School officers may use all their powers of persuasion, giving their 
influence in all reasonable ways to secure this result. 

Can puhlic school funds be used to pay the expense of vaccinating 
pupils? 

The vaccination of pupils is not a part of the work of the public 
school, and public school funds can not be used, lawfully, to defray 
its expense. 

While the State Superintendent is heartily in sympathy with the 
effort to secure the vaccination of all children of school age, and de- 
sires to encourage this effort to the extent of his power, he is assured 
that he needs to caution public school officers against hasty, injudi- 
cious, unjust and unlawful action in the premises. We must look to 
continued, consistent efforts in the right way, rather than to spas- 
modic and abrupt attempts, for the best results. 

WOMEN AS VOTERS. 

The legislative act, approved June 19, 1891, by which women were 
declared to be "entitled to vote" for "any officer of schools under the 
general or special school laws of this State," has been modified and 
defined by two decisions of the Supreme Court of Illinois: 

Women may not vote for a State or county superintendent of 
schools. 

According to the first decision, Mary A. Ahren v. William J. En- 
glish, 139 111., 622, "the Legislature had or has no power or authority 
to invest her (woman) with the right to vote at an election held for 
a county superintendent of schools." The reason given by the court 
for this decision is, that the qualification of electors for offices speci- 
fied in the constitution, being prescribed in that instrument, they 
can not be changed by the Legislature, or otherwise than by amend- 
ment of the constitution. This decision debars women (except the 
very few who may have the constitutional qualifications) from voting 
for a State or county superintendent of schools. 

They may vote for all other elective school officers. 

In the second decision, Mary E. Plummer v. Oscar Yost, 144 111.. 
68, it is held that women of twenty-one years of age or upwards, 
either native-born or naturalized citizens of the L^nited States, who 
have resided in the State one year, in the county ninety days and in 
the school district thirty days next preceding an election for an}' 
officer of schools, can vote at that election, provided the officer to be 
elected is to hold a school office which is not specified in the consti- 
tution, but created by the Legislature in conformity with the power 
granted in the constitution. This construction allows women to vote 
for trustees of the University of Illinois. 



140 

In the elections in which only a part of the candidates named on 
rhe general ticket can be voted for by women, a separate ballot box 
can be provided by the judges of election to receive the ballots of 
Avomen only. 

The vote of a woman, except it he for a school officer, or her signa- 
ture to a petition for any purpose, lias no legal force. 

Since the only authorization women have for voting or for exercis- 
ing privileges in school affairs, not accorded them before the passage 
of the act of 1891, is contained in this act, and since this act does 
not extend their privileges beyond voting for certain officers of 
schools, it follows that their votes on the establishment of kindergar- 
tens or on other school questions, and their signatures to petitions 
for any purpose, have no legal force. 

Begistration of ivomen voters. 

Women voters must be registered in order to vote in cases only in 
which men who vote at the same election for the same officers must 
be registered. Registration is not required ordinarily of the electors 
of township trustees or members of a general school board, but it is 
required of those who vote for trustees of the Universit}^ of Illinois. 
The manner of registering women does not differ from that of regis- 
tering men. 

Tliree cpt edifications required. 

The law requires the voter to possess three qualifications, viz. : Citi- 
zenship, necessary age and residence. No preference is shown women 
over men in these res^^ects; but b}^ a statute of the United States 
(act ajDproved Feb. 10, 1855) an alien-born woman becomes a citizen 
of the United States by reason of her marriage to a citizen of the 
United States. When such a woman possesses the requisite age and 
residence she should be allowed to vote. 



Ul 



INDEX. 



Page. 

Accounts of county superintendent, how 

kept 11 

of township treasurer, examined by 

county superintendent 10 

same, how kept 32 

same, subject to inspection 33 

of township treasurer with school dis- 
tricts 36 

same, semi-annual statement of 36 

Actions, civil— 

against collector of taxes 11,63 

agralnst county board 69, 70 

airalnst persons falling: to pay over 

fines and forfeitures 80 

asralnst purchaser of school lands. . . . 76 

ag-ainst school officers 82,83 

aj^alnst township ti-easurer 38,82 

agrainst townshin trustees 12.30,82,83 

against tresspassers on school lands. 74 

to recover interest 35 

to recover on mortgages a5 

to recover on notes, etc., belonging to 

the school fund 34,35 

Actions, ci'iminal— 

against school officers 83 

against persons preventing colored 

children from attending school 84 

against trespassers on school lands.. 74 

Acts, official, to be recorded 18,41,50 

repealed 87 

special, may be relinquished ......... 30 

Administrators to give preferent-e to 

debts due the school fund 35 

Advertisements of sale of school houses 

or site 21 

of sale of school lands 22,75 

Advlc-e given to school officers, by State 

Sup' rintendent 5 

to school officers and teachers by 

county superintendents 10 

Age of persons enumerated in school 

census 20 

in statistics of illitei-acy 20 

of school children 42 

taken as basis of apportionment of 

funds . . 13, 19. 70 

Apparatus, school may be purchased 45 

mav not be sold by school teacher or 

officers 6, 42, 84 

Appeal from county superintendent to ' 

btate Superintendent 13 

from trustees to county superinten- 

(^^nt 26,27 

Apportionment of funds by Auditor.. ..70,71 

by county superintendent 13 

by township trustees 19 

Appraisal and distribution of district 
property, when a new district is 

formed 29,30 

or school lands 75 



Appraisers, how appointed 29 

Assessors to note number of districts, in 

assessing personal property 62 

Assistant of county superintendent 8 

his compensation 8 

Attachment, writ of, etc . 34 

Attorneys, State's, duties of, with re- 

gard to liens and forfeitures 79 

Auditor. State, to apportion public funds 70 
to withhold funds at request of State 

Superintendent g 

to file transcript of land sales 77 

to issue patents for school lands 77 

to issue warrant for pay of county 

superintendent 9, 68 

when patents are lost to issue dupli- 
cates 78 

Board of directors 39 

Board of Education of the State ofiilV- 

nois, the 5,106 

Board of Education of the township— 
See' Township Board of Education" 

Board of Education 47 

appointed when .!.51,89 

elected when 47,92,98 

funds wirheld from '86 

in cities of 1,000. powers and duties of 48 
in cities of 100,000. powers and duties of 51 
in cities with special school charters. 92 

term of office of 48, 89. 98 

to make reports 50 

to appoint a truant officer to enforce 
compulsory law 95 

Bond- 
official, county superintendent's 7 

approval of 7 

custodian of 8 

form of 7^ 8 

insufficiency of \ ' s 

State Superintendent's, approval of ! 3 

custod ian of 3 

township treasurer's, approved hy 

county superintendent 12 

same, by trustees 31 

custodian of 13 

form of [\[ 32 

insufficiency of 13 

same, trustees liable for 83 

Bonded debt, how disposed of in case of 

change of district lines 28 

Bonds (54 

original issue of 64 

same, amount limited 64 

same, registry of .* 64 

refunding without registration with 

Auditor 66 

voteof people for the issue necessary 64 
Books. See "Text books." 



142 



Page. 
Boundaries, district. See "District boun- 
daries." 
Branches of study determined by direct- 
ors 43.53,57 

by voters 57 

See also "Teacher's certificate." 

Census of children under 21 taken by 

county superintendent 12 

by directors 41 

by trustees 19, 20 

State basis of apportionment by 

Auditor 70 

■Certificate of amount of tax due each 

district 61 

of tax levy 61 

how made when district lies in two or 

more counties 62 

I'ertiticate of licensure, teachers .53,55 

age of applicants 55 

essential that the teacher have one at 

the time he enters upon his duties. 56 
issued by county superintendents — 55 

same, examinations for 55 

same, form of 56 

same, fee for 57 

same, grades of 55 

same, qualifications for 55,50 

same, record of 56 

same, renewal of 56 

same, revocation of 56 

issued by State Superintendent 55 

same, examination for 55 

same, revocation of 55 

Certificate of purchase. See "Common 
school lands." 

Changes of text books 43 

Charitable institutions. State educa- 
tional, visited by State Superin- 
tendent 5 

to make report 6 

'(yhildren, all to receive a g:ood common 

school education 1, 42 

secured the right to instruction in 
the branches of an elementary edu- 
cation 95 

colored, rights of in public schools ... 84 

illiterate, number of reported 4,20 

number of in public schools, re- 
ported 4.20.41 

number of under 21. basis of appor- 
tionment 13. 19, 70 

number of under 21, reported 4,20,41 

penalty for employing, when under. .13, 93 

penalty for failure to report 83 

penalty for false report 83 

under 13, unlawful to hire 93 

Churches to receive no appropriation 

from school fund 84 

Cities and towns— 

of 1, 000 inhabitants 47 

of 100.000 inhabitants 51 

to forfeit funds, when 86 

with special charters 51,52,86 

same, modified 61,86.89 

Classes for deaf children 103 

Clerk of board of directors, appointed. . . 41 

compensation of 44 

to keep a record 41 

same, to submit to treasurer 41 

to post exhibit of treasurer at annual 

election 43 

to report to township treasurer 41 

board of trustees. See "Township 

Clerks of courts of record to report and 

nay over fines and forfeitures 79 

Collector of taxes- 
liability of, for non-payment of dis- 
trict taxes collected 63 

to give notice to directors and trus- 
tees 85 



Page. 
Collector of taxes— Coiifimied. 

to pay amount of Auditor's warrant 

to county superintendent 70 

to pay amount of district taxes col-^ 

lected to township treasurer 63 

to state to township treasurer amount 

of district taxes uncollected 63 

Colleg:es, etc., to renort 86 

Colored Children in public schools 85 

Common school lands— (16th section) — 73 
business with regard thereto, where 

transacted 73 

certificate of purchase of 77 

same, filed with county superintend- 
ent 77.78 

same, duplicate of 78 

patents, conveying title to 77 

same, duplicates 78 

payment to secure purchase 76 

same, failure to make 76 

rental of 73 

right of way over, granted 74 

sale of 74 

same, advertisement of 75, 76 

same, at private sale 77 

same, made by county superintend- 
ent 78 

same, manner of 77 

same, petition for 74 

same, in fractional townships. 75 

same, notice of, given trustees 75 

same, place of 76 

same, terms of 76 

sale of at subsequent time 77 

statement of sales of, to county board 77 

same, examined and recorded 77 

same, transcript of, filed with Auditor 77 
trustees to divide into lots and plat.. 75 

to value lots 75 

to re-value lots 77 

See also "Keal estate." 

Compensation of school officers 87 

of assistants of county superintend- 
ent 8 

of clerk of board of directors 44 

of county superintendent 9 

of township treasurer 39 

Compulsory attendance 95 

Condemnation of land for school site — 45 
Consolidation of districts. See "District 
boundaries." 
of townships. See "Township." 
Constitution of Illinois, 1870, Art. V, Sec. 

1, and Art. VIII of 1 

Contracts made by boards of trustees 
and directors, members not to be 

interested in ._ 43, 84 

made with teachers, conditions of_ 

validity of 55, 56 

Control of school houses 44 

Controversies ari^^ing under school law. 13 
appeal of, to State Superintendent. . . 5 
Conveyance of real estate by county su- 
perintendent 11,78 

by trustees 21 

to cities in trust 54 

Corporation, board of education, a 48 

board of directors, a 39 

board of trustees, a 1,15 

not to make sectarian grants 84 

Costs not chargeable to school officers, 

when 85 

County board 68 

bills of county superintendent to be 

audited by 9, 69 

bond of county superintendent ap- 
proved by 7 

examination of report of land sales 

by 9,69 

liability of, for failure to make exam- 
ination 69.70 

may require new bond of county su- 
perintendent 68 



143 



•County hoard— Continued. 

must furnish office and supplies 69 

removal of county superintendent ))v 
vacancy in office of county superin"- 

tendent (59 

County clerk . m 

election of trustees, ordered by." ..'...'. 16 
list of trustees furnished county su- 
perintendent by 18 66 

map of township, filed by '27 

tax-payers, list of, filed by ^7 

to compute district taxes 67 

to certify to same to township treas- 
urers 67 

to record statement of land sales.".'.".'.' 68 
to transmit county superintendent's 

bill to State Auditor 68 

County fund- 
consists of what 71 

loaned by county superintendent .!. 18 

County superintendent of schools 7 

accounts of township treasurer, ex- 
amined by 10 

adviser of school teachers and officers 10 
appeal from, to State Superintendent 13 
appeal to, from action of trustees 10 

apportionment of funds by 13 

same, of interest on county fund 13 

assistant of u 

bond of .'.'."!.■ .■■■.";.'.' 7 

bond of township treasurer, approved 

and held by 1^ 13 

may demand that same be increased ''32 

certihcate, teacher's, may grant 10, 55 

same, may renew or revuke... 1156 

same, to make record of lo'se 

compensation of ' 9 

controversies under school law, re- 
ferred to 13 

county funds, loaned by '. '. .' ....'..'. 13 I 

directors, may order election of ' 40 I 

same, may remove il 46 

election of '"' ' 7 | 

examination of teachers, ito make .. io 57 I 
•examination of treasurer's accounts 

etc., to make iq 

lines and forfeitures, duties " "of," 'con- 
cerning: 12 13 79 

funds, withheld by ■■." '13' §6 

may be chosen ■ '" '9 

notes, etc., taken by 1^ 

■oath of office, taken by . . 7 

•oflfice for § 

•office turned over to successor 'by " " " 13 

<lualifications of 2 

real estate, may sell and conv'ey,"and 

lease 11 77 

records, kept by ..'. 11 

removal of, by county board .'.". 68 

report of. to county board io 77 

same, to State Superintendent ' !*> 

same, to trustees, on treasurer's ac- 
counts, etc ly 

«ale of common school i and s' by." See 
CommoM school lands." 

schools visited by 9 

statistics of townships, may 'make ii'p 12 
same, cost of may collect from trus- 
tees ^9 

supplies for .,[] S 

teachers examined by... 1057 

teachers' institutes conduct'ed'by';.'.' 10' 57 
treasurer s accounts examined by 10 

treasurer's bonds approved and held 

oj 1^ 13 

trustees, election of, ordered 'by "' 10 

vacancy in office of, how filled 8 

tounty treasurer to give notice to 'direc- 
tors and trustees si; 



Debt, bonded, how disposed of in ca*e of 
change of district lines 



28 



Debts of old districts to be deducted '>d 
due school funds, preferi'ed claims! .'." 35 
same, may be compromised by trus- 
tees 9> 

Default in payment of loans or interest 

thereon 35 

penalty for same 35 

Demands against school officers, liens 

for, upon real estate ^3 

Diploma of county normal school "some- 
times qualification for first grade 
cpftifloH.rp "- 

Directors of schools'." a 'bo'dy" p'olitic'aii'd 

corporate 3^ 

boards of, elected '. 40 

. apparatus purchased by, when U 

Directors of schools— 

bonds issued by 41 gi 

bonds refunded by yg 

branches of study prescribed by .'.'."'43.53 
certificate of tax levy made by. . . . 61 

same, when to return ■" 61 

same, when district is in two or more 

counties <>•> 

clerk of, see "Clerk." 

dismissal of teacher 44 

duties of, with regard to the"sch"oois.'42 44 

election of ' ,n 

same, notices of .' 4Q 

same, ordered by county superinte'iid- 

ent _ ^(j 

same, ordered by township treasurer" 40 

election of. on Saturday 'in 

same, postponed 4^ 

elections to choose school site's." etc.'. 

called by 45 ^4 

exclusion of colored ctiild'ren fi-om ' 

schools by. prohibited 85 

exhibit by township treasurer to 36 

same, posted by. at annual election " " 37 
interest m contract made by the 

board, prohibited to .. 4> 

same, in sales of books, etc.," 'used "in 
_ the district, prohibited to ... . 2 4'> 84 
interest on teachers' orders, to pay ' 

"When "37 60 

.iudges of district elections. 40 

judgments and executions against' ' ' 86 
for conversion of school fund " * S3 
*'<^^' f^i^ui'^ to discharge duties of 

.office g2,83 

tor failure to make returns, or for 

making false returns of statistics 83 
for loss of school funds. . 83 

for perversion of school f u'lid's' t'o 

sectarian purposes 84 

liable. 45,46,82,'83,84 

libraries and apparatus purchased by 
when •" ^^ 

may assume indebtedness created for 

district 95 

m ay borrow money, when 64 

may compensate clerk 44 

may not be trustees .... 40 

meetingof 41 

names of teachers reported' "t'o county 

superintendent by . 4-> 

non-residence of members of.' consti- 
tutes vacancy 49 

official business of, how transacted 41 

orders drawn by 43 45 46 

same, may not be drawn when .'.'.'.. ' 43' 45 

organization ' '44 

poll-book, returned by 41 

power of, to tax " " '61 6'' 

same, limitations (jl 

president of board 44 ' 

property of district, personal,' sal'e' of, 

by. 44 

pupils transferred by * 46 

same, amount due on account of. col- 
lected by 46 

qualifications of ' ' ' ' 49 



lU 



Page. 
Directors of schools— Contimied. 

quorum of 41 

records kept by 41 

records, submitted to treasurer 41 

removal of 46 

reports to treasurer 41 

schedules, certified by 43,59 

same, delivered to township treasurer 

by 43 

same, delivery of limited 43 

same, receipted for 59 

schedules, separate, delivered b5% 

when 46, 59 

school house conti-olied by 44 

same, use of for meetings granted by 44 
school house site, located by, when . . 45 

teachers, employment of , by 42 

same, how limited 56 

teachers, payment of, by 43 

same, how limited 43 

term of office 40 

tie at election of 41 

to notify collector of taxes to whom 
to pay the money belonging to a 

union district 42,63 

transfer of pupils by 46 

truant officer appointed by 96 

vacancy in office of, how tilled 40 

women may be elected 40,85 

District, boundaries of, how changed... 25, 51 

township a. for high school 22,23 

Districting of newly organized township 24 

Districts, cbansres of 25 

dissolved, when 30 

divided by county lines, taxation in . . 62 

elections in 28, 40, 47 

elections to vote on change 25 

formation of 25 

funds of, held by township treasurer. 21 
indebtedness created for, may be as- 
sumed 95 

list of taxpayers in, to be filed 27 

maps of. made and filed 27 

property of. iielil by trustees 21 

same, when divided 29 

taxes of. 8ee "Taxes." 

with 1,000 inhabitants 48 

with 100.000 iniiabitants 51 

See "Union Districts." 

Division of property of a district 29 

Donations, etc., for school purposes 1, 21 

same, for sectarian purposes, prohib- 
ited 1,84 

Eastei-n Illinois Normal School 112 

Education, good common school, to be 

afforded all children 1 

elementary, secured to children 95 

Effects of alcohol and narcotics 90 

Elections. See ''State Superintendent;" 
"County Superintendent;" "Direct- 
ors of ^ Schools;" "Township Trust- 
ees;" "Boards of Education." 
to purchase, move or build a school 

house 45 

Eligibility to office, to board of educa- 

• tion 52 

to board of directors 40 

to board of trustees 15, 16 

to township treasuvership 18 

Eligibility of women to office under 

school laws 40,85 

Enumeration of children. See "Census." 

separate, made when 20 

Examination of books, accounts, etc., of 
county superintendent by county 

board 12, 69 

of directors by township treasurer. . . 41 
of treasurer by county superintend- 
ent 10 

same, by trustees 20. 21 



_ Page. 

Exammation of teachers by county su- 
perintendent .10, 57 

foi- State certificates 5,55 

Execution issued against directors and 

trustees 86, 87 

Executors to give preference to school 

debts 35 

Exemption from roud labor and military 

duty 87 

Expulsion of pupils by directors 44 

False returns of children S3 

Pines. See "Penalties." 

Fines and forfeitures 79 

Flags on school houses 102,103 

Forfeiture of funds by townships 20 

Form of bond of county superintendent. 7 

of bond of township treasurer 32 

of notice to district affected by 

changes proposed , 26 

of mortgage 34 

of orders by directors 46 

of register 58 

of schedule and certificates thereto.. 59 

of school orders 46, 72 

of tax certificates 61 

of teacher's certificates and record. . . 56 
of treas rer's record of notes 33 

Fractional townships. See "Townships, 
fractional." , 

Fi-ee sciiools established 1 

Fund, school, county, consists of what.. . 71 

interest on. distributed 13,71 

principal of, loaned 13 

real estate belonging to 78 

Fund, school, State, consists of what 70 

distributed 70, 71 

Funds, school, towns^^riip, consist of what 71 

interest distributed ". 71 

principal loaned 33,71 

real estate belonging to 20, 71 

Funds. See "Apportionment of funds." 

forfeiture of 20 

withheld by county superintendent. 13, 86 
same, by order of State Superintend- 
ent 6 

Funds, school dis riet, custodian of 21 

how paid out '. 72 

surplus loaned 34 

union district's collected in one treas- 
urer's hands 42,63 

Furniture, school, sale of by school offi- 
cers prohibited 2, 84 

purchase of 61 

General Assembly to establish free 

schools 1 

Governor to approve State Superintend- 
ent's bond 3 

Graduates of county normal schools 55 

High school, township. See "Township 

high school,'' 
Holidays 60 

Illinois State Normal University 106 

Illiteracy, report of 20 

Imprisonment ot school officers 84 

Indebtedness created for cerrain dist- 
ricts may be assumed by directors. 95 

previous, tax to pay, not limited 61 

refunded 66 

Indictment of school officers 84 

of trespasser 74 

Informer to receive half 74 

Institutes, superintendents to assist in. . 10, 57 

fees for 57 

teachers may attend without deduc- 
tion of wages 57 



145 



Page. 

Institutions of learning to report 86 

Insurance of improvements on real es- 
tate loans 35 

Interest, action to recover 36 

added to principal 36, 71 

distributed 36. 71 

on teacher's orders unpaid 60 

same, liow stopped 60 

penalty for default in payment of — 35 

rates on bonds 64, 66 

rates on loans 33 

State to pay 70 

Judges of elections of directors 40 

delivery of poll-book by. 41 

Judges of elections of trustees 16 

delivery of poll-book by 18 

Judgments against school officers 86 

against purchasers of school lands .. 76 

Justices, duties of. concerning fines and 

forfeitures 79 

Kindergarten schools 99 



Lands. See "Common School Lands" 
and "Real Estate." 

Levy of taxes. See "Taxes." 

Liability of school officers 81 

Libraries, school, provisions for 44, 49 

Lien on real estate of school officers from 

date of issuing process 83 

Limit of indebtedness, bonds, etc 64,66 

of taxation 61, 64 

Loans of county funds 13 

of district funds, surplus 34 

of township fund 33, 34 

Loss of funds, liability for 84 

Mandamixs, writ of 86 

Manual training depai'tment 105 

Map of township 38 

filed in twenty days by township 

treasurer 38 

Meetings, of directors 41 

of trustees 18 

in school houses 44 

Miscellaneous 85 

Month, school 60 

Mortgages- 
form for 34 

in name of county superintendent. .13,34 
in name of trustees 22, 34 

Normal schools, county, act establishing. 119 
State, acts establishing.... 106, 109, 112, 116 

Northern Illinois Normal 116 

Notes, etc., in name of county superin- 
tendent 14 

same, examined by county board 71 

in name of trustees 33 

same, examined by county superin- 
tendent 10 

by trustees 20 

same, list of given county superin- 
tendent, annually 34 

Notice of elections, district 28, 40, 48, 65 

same, township 16, 17, 22 

same, city, etc.. to organize under gen- 
eral law, school 51,92 

of examinations of teachers by coun- 
ty superintendent 57 

by State Superintendent 55 

of sale of common school lands 76 

of sale of real estate 21 

Oath, official, county superintendent's ... 7 
State Superintendent's. 3 

—10 



Page. 

Office of county superintendent 8 

OflBce of State superintendent, where 

kept 4 

Office supplies 8 

Officers, school, exempt from road labor 

and military duty 87 

liabilities of. See "Penalties." 

lien on real estate of 83 

to receive advice 4, 10 

Orders, school, form of 46, 72 

when against uncollected taxes 45 

teachers, substance of 00, 72 

same, draw interest, when 60 

same, to be drawn, when 60 

treasurers to file 72 

Organization of board of directors 41 

of board of trustees 19 

of cities, etc., under general law 47,52 

Parents must send children to school — 95 
Patents issued to purchasers of school 

lands 77,78 

same, duplicates of 78 

Penalties, who subject to — 

any person for preventing colored 

children from attending school 85 

for trespass on school lands 74 

any school officer, for causing loss of 

school funds 83. 84 

for neglect of duty 5,83,84 

ans school officer, or any other per- 
son for conversion or perversion of 

school funds 84 

borrower of school funds, for failure 

to pay interest or principal 36 

cities, for failure to make report 86 

collectors of taxes, for refusal to pay.63, 71 
county board, for neglect of duty to 

examine report of land sales 69, 70 

clerks of courts of record, state's at- 
torneys and justices, for failure to 
report and to collect and pay over 

tines and forfeitures 79, 80 

directors. See "Directors liable." 
parents, for keeping children fi'om 

school 95, 96 

parents, employers, etc., for the hir- 
ing of children under 13 years of 

age 93 

purchaser of school lands for not se- 
curing payment 76 

townships, for failure in delivering 

reports 20 

treasurers. See "Treasurers liable." 
trustees. See "Trustees liable." 
See also, "Removal from office." 

i*ermits to transfer pupils 46 

to be filed 46 

Perversion of funds to sectarian uses... 84 

penalty for 84 

Petition for change of district lines 25 

same, to be tiled twenty days 25 

same, notice of to districts 25,26 

for or against township high school.. 22 

for sale of school house ; . . . 21 

for organization under the general 

law 51,92 

for purchase of school sites, etc 50 

for sale of school lands 74 

Plat of common school lands 74, 75 

Poll-book, election of directors, return of 41 

same, penalty for failure 41 

election of trustees, return of 18 

same, penalty for failure 18 

Polling places, more than one, when 17 

Polls, election of directors, opened and 

closed 17,40 

elections of trustees 17 

Poor children, books for 43 

Postponement of election 17,4 



146 



Page. 

]*i-esiclent boai'd of directors 41 

pro tempore, may be appointed 41 

of board of trustees 18 

pi'o tempore may be appointed 19 

Proceedings, ofldcial, to be recorded.. 18, 19, 41 

Property of districts, divided in case of 

change of district boundaries 29 

teachers to account for 58 

Publication of statement by township 

treasurer 38 

Pupils, age of 42 

age and name noted on register 58 

same, on schedule 59 

assigned to the several schools 45 

attendance of, noted 58,59 

suspension and expulsion of 44 

tran sf erred 46 

same, separate schedule of, when — 46 

under 12. in school four hours a day. . 44 

Purchaser of common school lands 76 

may borrow amount of bid 76 

must secure payment of bid 76 

to receive certificates of purchase — 77 

to receive patents 77 

when to receive duplicates 78 

Qualifications, for office of county super- 
intendent 2 

directors 40 

treasurer 18 

trustees 15, 16 

of teachers 55,56 

of voters 16 

of women as school officers 40,85 

Qxiorum of directors 41 

of trustees 19 



Rate of interest— See "Interest." 
Real estate held by county superintend- 
ent 11, 

by trustees 

leased 11.22, 

lien on, belonging to school officers. . 

released 

right of way over, granted 78, 

security for loans 33, 

same, how valued 

taken for indebtedness by county 
superintendent 11, 

by trustees 

See also "Common school lands." 
Receipts for schedules 

treasui'er to take and file 

Records of coinity superintendents. .10,56, 

same, examined by county board — 12, 

of directors 

same, submitted to township treas- 
urer 

of sale of common sch'iol lands 

same, examined by county board 

same, transcript of, filed with Auditor 

of State Superintendent 

of teachers' certificates granted by 
county superintendent 

of treasurer 32, 

same, examined by county superin- 
tendent 

same, open for inspection 18, 19, 

Records- 
same, siibmitted to trustees 

of trustees 18, 

same, open for inspection 19, 

Registers, books furnished by directors. 

same, returueii by teachers at close 
of term 

form of 

to be kept by teachers 

Registration fee 

Relinquishment of special charter 



Page. 
Removal from district or township, 

effect of 40 

from office— 

of county superintendent 68 

of directors 46 

of president of board of trustees. . . 18 

of teachers 44, 50 

of treasurers 18 

Repeal of former acts 87,88 

Reports of cities and towns 86 

of collector of taxes to township 

treasurer 63 

to trustees and directors 86 

of county superintendent to county 

board, annual 12 

same, of land sales to county board. .11, 69 

same, to Auditor 9,77 

same, of condition of schools to State 

Superintendent 12 

of directors to township treasurer ... 41 

same, to county superintendent 42 

same, to voters at annual meeting — 42 

of fines and forfeitures 79 

of institutions of learning 86 

of rentals to county superintendent. . 73 

of State Superintendent to Governor 4 
of statistics— See "Statistics. " 
of treasurer to trustees, annual and 

semi-annual 36 

of trustees to county superintendent 19 

same, items of 19, 20 

penalties for failure to make— See 
"Penalties." 

Revenue and taxation 61 

Rules and regulations made by board of 

education 50 

by directors 4 

by State Superintendent 5 

Salary of State Superintendent 3 

Sale of common school lands— See 
"School lands." 
of real estate— See "Real estate." 

of school books, etc., limitations 2.84 

of school house and site 21 

of school property 44 

Schedules, certificates upon, form 59 

delivery of to directors 59,60 

to township treasurer 43 

form of 59 

receipt for. given to teacher 59 

teacher to keep 59 

Scholars— See "Pupils." 

School, any gift, etc., to 1,21 

School books— See "Text books." 
School books, apparatus and furniture, 
school officers not to be interested 

in when 2,42,84 

School directors— See "Directors." 
School districts— See "Districts." 
School elections— See "Elections." 

School funds 70 

School houses, building of, tax for lim- 
ited 61 

same, vote necessary to authorize 45 

controlled by directors 44 

meetings in 44 

repairing and improving 44,52,61 

site of 45 

title to. in trustees 21 

Sch ool inspectors 97, 98 

School lands 73 

School liabraries 44,61 

School month 60 

School officers- 
exempted from road labor and mili- 
tary duty 87 

legal advisers of 4. 10 

liable for conversion of school funds. Sii 
for exclusion of colored children .... 84 
for failure to return, or false return 
of statistics 83 



147 



Scliool officers— Concluded. 

for loss of school funds 83, 84 

for perversion of same 83 

lien on real estate of 83 

selling school books, etc., by, prohib- 
ited, when 2,84 

.See also "Superintendent of Public In- 
struction and other officers."'. 
School orders. See "Orders." 
School site. See "Site." 
School superintendent. See "Supt." 
School tax. See "Taxes." 
School trustees. See "Trustees of schools." 

School visitation 9,42,49 

School teachers. See "Teachers." 

School year 42 

Schools, branches of study in, how deter- 

, mined 43,50,55,56 

high. See ' Township high schools." 

management of 23, 42. 43. 49, 52 

normal 106, 109, 112, 116, 119 

supervision of 4, 9 

support of 42, 49 

term, in cities 49 

satae, in districts 42,45 

same, may be extended how 45 

-visitation of 9 42 

Secretary of State to hold State Superin- ' 

tendent's bond 3 

Sectarian purposes, perversion of funds 

to, prohibited 1,84 

Security on bonds. See "Bonds, official." 

personal, on loans 33 

real estate, on loans 33 

same, improvements on, to be valued 35 

Settlement, trustees may make 22 

Site, school house, choice of 45,52 

same, when made by directors 45 

sale of 21 

condemnation of land for . . .' . ." . . .' .' 45 

title held by trustees 21 

Sixteenth section, constitutes common , 

school lands 73 

other sections in lieu of 73 ! 

Some principles of Illinois school law ... 123 I 

appeals 123 

board of directors— powers and duties 123 
board of education— powers and du- 
ties 125 

honds .'.'.'.'.'.'.'.'.'. 125 

calendar month 126 

certificates 126 

corporal punishment 127 

county superintendents— powers and 

duties 127 

course of study, and its enforcement. 127 

elections 128 

funds \. [...[..[ 129 

holidays foi- schools 129 

institutes 130 

kindergarten schools 130 

oath of office 130 

l)etitions 131 

'^"Pils-.- y.'.'.'.'.'.'. 133 

school sites 133 

State Superintendent 134 

taxation 135 

teachers 135 

text-l)ooks on physiology . . 135 

township high school— formation 135 

township treasurer— powers and du- 

, ties 137 

truancy and non-attendance 137 

tuition 13g 

vaccination of pupils 138 

women as voters 139 

Soul hern Illinois Normal University ... 109 

Special acts may be relinquished 51,92 

modified in certain cases 61,86,89 

not repealed • 86 

State to pay interest ,',.', 70 

State s' Attorney. See "Attorneys." 



State certificates 5, 55 

charitable institutions, superintend- ' 

ent of, to report 6 

State charitable institutions, visited by 

State Superintendent 5 

State funds. 70 

State normal schools 106, 109, 112, 116 

State Superintendent. See "Superintend- 
of Public Instruction." 

Statements, made by teachers 59 

Statistics, not divisible, how reported.. 20, 21 

See "Reports." 
Sufficiency of treasurer's securities, 

trustees responsible for S3 

Suits. See "Actions." 

Superintendent of Public Instruction. ... 3 
adviser of county superintendents ... 4 

bond of ;j 

certificates. State teachers' granted 

and revoked by 5,55,56 

election of 3 

forfeitures remitted by. 6 

funds withheld by o 

not to be interested in the sale of 

school books, etc 2,84 

oath of office of ' 3 

office of, at seat of government. . . . .' .' .' 4 

same, expense of 3 

papers, etc., filed and preserved by,.'. 4 

record kept by '• 4 

report of, to the Governor .'.'. 4 

rules to enforce the school law, made 

by 5 

salary of, determined by law 3 

term of office of 3 

to advise school officers 5 

to counsel and advise with teachers . '. 4 
to have supervision of the public 

schools 4 

to visit State charitable institutions! 5 
Superintendents of State charitable in- 
stitutions to report to State Super- 
intendent 5 

Superintendents of schools, appointed 

when 49 

Sureties. See "Bonds, official." 
Suspension of pupils 44 

Taxes, school, collection of 62 

computation of, basis of 61,62 

same, made by county clerk 61, 62 

collector of. to pay how, in case of 

union districts 63 

same, to pay township trea.surer 63 

same, failure to pay 63 

levy of, form of certificate 61 

same, when returned 61 

must be uniform 62 

power to levy, granted board of edu- 
cation in cities and villages 49, 61, 62 

1 o directors 45, 61 

same, limited 45,61 

same, in satisfaction and judgment'.86,87 

I axpayers, list of filed 27 

Teachers, appointment of 42,49,52 

cannot be paid, when 43,56,58 

cannot be employed, when 56 

dismissal of 44,50 

examination of 49,55,56 

funds withheld from '. . 6 

must have certificate 43.55 

names of, reported to county supt 42 

not to teach on holidays 60 

pension fund ioo, 101 

registers to be kept by 58 

same, returned to directors 58 

schedule to be kept by -. 59 

Teachers- 
same, certified 59,60 

same, unpaid, balance of to draw in- 
terest 60 

statements made by 59 

wages of, due when '. 60 

teachers, certificates of 55 



148 



Page. 
Teachers' institutes lield by county su- 
perintendent 10, 57 

fees for 57 

teachers may attend without deduc- 
tion of wag-es 57,58 

Term of otfice of boards of education 23, 4S 

of county superintendent 7 

of directors 40 

of State Superintendent 3 

of treasurer 18 

of trustees 15 

Terms of loaning- school funds 33 

of sale of school lands 76 

Text books prescribed by directors 43 

same, to be uniform 43 

same, not to be changed oftener than 

once in four years 43 

same, for poor children 43 

same, not to be sold by school offi- 
cers 2,84 

Tie vote, how decided 17, 40 

Title to real estate— 

to school houses and lots 21 

to common school lands, from the 

State 73,77 

Town meeting-, election of trustees at.... 18 
Towns and cities. See "Cities and 

Towns." 
Township, school business of, done by 

trustees 15 

congressional, made a school town- 
ship 15 

divided by county lines 20 

same, tax in 62 

fractional, consolidated with adja- 
cent, when 15, 75 

fund of. See "Fund." 

funds apportioned to 13 

same, forfeiture of 0, 20 

made a district to support a high 

school 22. 23 

may unite with another or with parts 

of others for the same purpose 23 

newly organized, districted 24 

same, map of 24 

redistricted 51 

school section belonging to 73 

Township board of education 23 

term of office 23 

duties 23 

Township high school, how discon- 
tinued 23, 24 

same, disposition of property 24 

how established 23,24 

how supported 23 

Township treasurer 31 

accounts of how kept 32,33 

appointment of 18 

same, who eligible to 18 

bond official, approved 13,31,32 

same recorded 13 

delivered to county superintendent. 13, 31 

form of 32 

increased when .' 32 

books and accounts of. examined by 

county superintendent 10 

by trustees 21, 36 

same, sub.jer-t to inspection 19,33 

same, submitted to trustees 36 

certificate of amount of taxes due 

sent to, by county clerk 67 

certificate of tax levy returned by, to 

county clerk 37 

clerks of trustees, to be 18 

compensation of 39 

county superintendent may direct in 

case of change of district lines 26,27 

custodian, only legal, of funds of 

boards of education, when 50,51 

of district funds 21 

of township funds 36 

debts due township probated by . . ; . . . 35 
district funds paid otit by, how 46 



Page. 
Township treasxirer—Conti niied . 

district records examined by 37 

election of trustees, called by 37 

duties of, as to transfer of pupils. ..37,46 

same, of directors 46 

interest paid teachers by, when 37 

liable in a civil action — 
for failure or refusal to perform 

legal duties 38, 82 

same, when not liable 38,82 

for failure to turn over books, etc., 

to his successor 82 

liable in a criminal action— 

for loss. of school funds 82,83 

for conversion of school fund s 83 

for failure to report statistics, or 

for false return of same 83 

for perversion of school funds to a 

sectarian use Hi 

for being interessed in the sale of 

school books, etc 2, 84 

lien on real estate of 83 

list of taxpayers made and filed by. . . 38 

maps made and filed by 38 

money paid to, by tax collector 62 

moneys, bonds, etc., delivered to. on 
certified statement of county super- 
intendent 13 

not to be interested in the sale of 

school books, etc., when 2,84 

notes, bonds, etc., held by, examined 

by county superintendent 10 

same, list of, given to county superin- 
tendent annually 34 

same, submitted to trustees 36 

cash held by, verified by trustees 36 

official term of, two years 18 

poll-book of district election filed 

with 41 

removed bj' trustees, when 21 

responsible for losses, when 83 

State and county funds paid to, by 

county superintendent 13 

statement to directors, made by un- 
der oath, semi-annually 36, 37 

statement to trustees 36 

sued by trustees, when 21,22 

suit brought by, against tax collector 63 

same, to recover interest 35 

same, when additional security is not 

given 35 

surplus of district funds, loaned by. 34 
to make teachers' orders interest 
bearing when not paid on presenta- 
tion 38, 60 

same, to record 37 

to file orders paid 72 

to hold funds to pay same 37 

to take and file receipts for monej^ 

paid '. 72 

to publish statement annually 38 

to turn over office, etc., to his succes- 
sor 38 

same, in case of his death 38 

township fund loaned by 33 

Trees cut, etc.. on school lauds 74 

Trespassers on school lands 74 

liable to fine and commitment 74 

Truant officer 95,96 

to report offenders 96 

Trustees of school lands 31 

Trustees of schools 14 

accounts, etc., of treasurers exam- 
ined by 20,21,36 

apportionment of funds by 19 

body politic and corporate, a 15 

boundaries of districts changed by— 

at April meetings 25 

bonded debt, how disposed of 28 

funds divided 29 

liability for failure to divide funds. 30 

property appraised 29,30 

debts deducted from the same 29,30 

remainder of same divided 29, 30 



149 



Page. 
Trustees of schoo\<i Contimied. 

same, appeal from action of trustees. 26 

how taken 26 

who may appeal 26 

same, election ordered in new dis- 
trict by 28 

same, new map and list of taxpayers 
filed by. within ten days, with 

county clerk 26, 27 

clerk appointed by, who is also treas- 
urer 18 

same pro tempore 18, 19 

debt, due school fund compromised 

by 22 

election of, conducted how 17 

same, contested how 17 

same, held for first time 16 

same, notices of 16 

same, ordered by township treas- 
urer 16 

same, polls opened and closed when 17 

same, postpone<i 17 

same, tie. how determined 17 

same, time of 15,16 

same, voters at. qualifications of — 17 

election of. at town meetings 18 

eliifible to office of trustee, who are. . 16 

grifts, grants, etc., received by 21 

judges of election 16 

liable in a civil action — 
for failure to act upon notice of 

county superintendent 11,83 

for failure to distribute property in 
case of a division of a district — 30 

for failure to return poll-book 18 

for failure to return statistics, or 

for false return of same 12.83 

for loss of school funds 83, 84 

for insufficiency of treasurer's se- 
curities 83 

liable in a criminal action — 
for being interested in sale of 

school books, etc 2.84 

for conversion of school funds 83 

for perversion of funds to a secta- 
rian use 84 

list of, furnished county superintend- 
ents by county clerk 18 

map of townships, made by 27 

meetings of, regular and special 19 

organi zation of board of 19 

president appointed 18 

same pro tempore 18,19 

quorum of 19 

real estate, leased by 22,73 

purchased by 22 

sold by 22 

report to county superintendent 19,20 

same, items 20 

school house and site sold by 21 



Page. 
Trustees of schools — Continued. 

same, title to, held by 21 

separate eunmeration made by. when 20 
successors to "Trustees of school 

lands" 31 

term of office 16 

tiiie to scliool hotise and site held by 21 

townships laid off into districts by . . . 24 

treasurer appointed by 18 

same, removed by 21 

same, sued by 22 

treasurer's accounts, etc., examined 

by 21,22 

vacancy in office, how filled 17 

Union school district dissolved, how 30 

funds of, put in hands of one treas- 
urer 43,64, 72 

Use of school houses for meetings 45 

U. S. flags on school houses 102,103 

Vacancies in office of board of educar 

tion 48,49.52 

of county superintendent 8 

of directors 40 

of trustees 17 

Validity of teachers' certificates 55,56 

Valuation of common school hinds 75 

Visitation of schools 9, 42, 49 

Vote of the people required to borrow 

money 64 

to establish or discontinue a town- 
ship high school 23,24 

to levy a tax to extend a district 
school Beyond nine months 45 

Vote, etc.— 

to locate a school house 45 

exception to the same 45 

to refund bonds or outstanding in- 
debtedness 66 

to purchase or build a school house., 45, 61 
Voters of districts may add higher 

branches 57 

qualifications of 16 

Warrants, Auditor to issue to county su- 
perintendent 9,70 

paid by county collector 70 

return by same 71 

refusing to pay penalty for 71 

See also ''Orders." 

Women may be school officers 85 

qualifications 40,85 

to give bond and qualify as required 

by law 85 

may vote 94 



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LBIV!r'05 



